Georgia

Green, In re

Ruling: 
Trustee's objection to confirmation was denied in part as it was not bad faith for debtor to exclude his SSI from his chapter 13 plan payments. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2018, LexisNexis #0518-059

Madden, In re--Madden v. Anderson Fed. Credit Union

Ruling: 
Credit union defendant was entitled to summary judgment as there was a total lack of evidence that it was in possession, custody, or control of the debtor's car. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on March 07,2018, LexisNexis #0418-045

Tisdale, In re--Tisdale v. Westmoore Grp., LLC

Ruling: 
Court held that equitable remand of removed state court action was appropriate as the removal was improper. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-056

Keaveney, In re

Ruling: 
Court dismissed debtor's ex-wife's requests for relief as her requests became moot when the trustee filed a notice of abandonment and abandoned the debtor's qui tam claims. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-058

Skelton, In re

Ruling: 
Motion to transfer venue granted as the court lacked the authority to retain the case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 23,2018, LexisNexis #0418-028

Unlimited Homes, Inc., In re--Unlimited Homes, Inc. v. Bank of N.Y. Mellon

Ruling: 
Corporate debtor was entitled to damages for violation of the automatic stay as it was able toestablish in its complaint sufficient facts to support a plausible claim of the creditors'violation. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on February 23,2018, LexisNexis #0418-002

Huether, In re

Ruling: 
Confirmation denied as debtor's chapter 13 plan was essentially a disguised chapter 7liquidation seeking to discharge debts that would not be dischargeable in a conventionalchapter 7. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-025

Huether, In re

Ruling: 
Confirmation denied as debtor's chapter 13 plan was essentially a disguised chapter 7liquidation seeking to discharge debts that would not be dischargeable in a conventionalchapter 7. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-025

Woodruff, In re

Ruling: 
Motion to convert chapter 7 case to a chapter 11 case was denied as cause existed to immediately reconvert or dismiss the case if conversion was granted. (Bankr. M.D. Ga.)HOLDINGSL [1]-A debtor's motion to convert his Chapter 7 case to a Chapter 11 case under 11 U.S.C.S. § 706(a) was denied under the totality of the circumstances as the debtor had not filed tax returns, which would constitute cause for dismissal under 11 U.S.C.S. § 1112(b)(4)(I); [2]-The debtor could not insure the estate against diminution, which would constitute cause under § 1112(b)(4)(C); [3]-Cause existed under § 1112(b)(4)(A) as allowing the debtor to propose a liquidating Chapter 11 plan for a single asset estate would subject the estate to continuing diminution without a reasonable likelihood of rehabilitating his finances; [4]-He had no reliable source of income to offset Chapter 11 expenses; [5]-He inappropriately attempted to dissuade the trustee from representing the estate's interests; [6]-If the case were converted, cause existed to immediately reconvert or dismiss the case.Woodruff, In re, 2018 Bankr. LEXIS 125 (Bankr. M.D. Ga. January 19, 2018) (Laney, III, B.J.).
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-109

Neri, In re--Palloto v. Neri

Ruling: 
Collateral estoppel applied as state court adjudication of debtor's liability for fraudnecessarily adjudicated the same issues that rendered the liability nondischargeable. (Bankr.N.D. Ga.)
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Consumer case opionion summary, case decided on January 08,2018, LexisNexis #0218-072

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