Georgia

Polk, In re--Kapitus Servicing, Inc. v. Polk

Ruling: 
Debt was dischargeable where creditor failed to prove that debtor intentionally made amisrepresentation regarding solvency where debtor testified that when he filed bankruptcy hedid not know the extent of claim by the IRS. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0320-084

Brown, In re

Ruling: 
Case dismissed where imprisoned debtor, who failed to request a waiver of attendance ofmeeting of creditors, was an ineligible debtor due to claimed status as a trust. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 14,2020, LexisNexis #0320-079

Hrn Group, In re

Ruling: 
Abstention was warranted where state law issues predominated over the bankruptcy issues inadversary proceeding. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 27,2020, LexisNexis #0320-048

Gerard, In re--Gerard v. United States Dep't of Educ.

Ruling: 
Debtor's motion to compel creditor to refrain from requirement of repayment or collection ofstudent loan debt denied as debtor not likely to succeed in showing that the creditor wasdischargeable. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 17,2020, LexisNexis #0220-085

Blocker, In re

Ruling: 
Debtors' failure to perform under the consent order and settlement agreement failed toestablish false representation or actual fraud for purposes of nondischargeability. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0220-058

Johnson, In re

Ruling: 
Grounds existed to modify the dismissal of the case as it was based on debtor's failure to payrather than on her failure to prosecute the Chapter 13 case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 06,2020, LexisNexis #0220-027

Polk, In re

Ruling: 
Creditor failed to carry its burden of proof that its claim was nondischargeable as creditorfailed to prove that debtor intentionally made a misrepresentation regarding solvency. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-009

Douglas, In re--Davey v. Auto. Acceptance Corp.

Ruling: 
Court allowed creditor's amendment where pre-bar date filings constituted an informal proofof claim. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 06,2019, LexisNexis #0120-035

Aspen Village at Lost Mt. Assisted Living, LLC, In re

Ruling: 
Confirmation was denied as debtors' plan did not provide a secured creditor with the presentvalue of its claim. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on November 26,2019, LexisNexis #0120-021

Hrn Group, In re

Ruling: 
Court's legal error in lifting stay did not justify recusal. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on November 13,2019, LexisNexis #1219-096

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