Mar
07
2018
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
Jan
19
2018
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
Apr
24
2017
Alpha Protective Servs., In re--Gordon v. Sec. Essentials, Inc.
Ruling:
Trustee was entitled to partial summary judgment as no genuine dispute of material fact existed as to payments made in the ordinary course of business being avoidable as preferential payments made on or within the 90 days prior to the petition date. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on April 24,2017, LexisNexis #0517-136
Mar
11
2011
Alpha Protective Servs., In re--Gordon v. Rogich
Ruling:
Trustee has shown that defendant was a statutory insider due to his status as a director at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on March 11,2011, LexisNexis #0517-121
Feb
11
2011
Alpha Protective Servs., In re--Gordon v. Hackenberry
Ruling:
Trustee entitled to summary judgment after court found that the defendant was an insider at the time the debtor transferred money for an antecedent debt. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on February 11,2011, LexisNexis #0517-122
Jul
01
2015
Perry, In re--Kelley v. Wells Fargo Bank, N.A.
Ruling:
Trustee could not use his strong-arm powers to avoid the security deed as it was eligible forrecording and thus its recordation provided constructive notice to subsequent bona fidepurchasers. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 01,2015, LexisNexis #0317-018
Nov
17
2016
Movant v. McGill (In re McGill)
Ruling:
Debtors’ failure to produce documents and appear at examinations resulted in dismissal withprejudice. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on November 17,2016, LexisNexis #1216-066
Nov
02
2016
Wells Fargo Bank, N.A. v. Lovett (In re Lovett)
Ruling:
Successor bank had standing to file nondischargeability proceeding regarding debt owed topredecessor. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on November 02,2016, LexisNexis #1116-118
Sep
01
2016
In re Cochran
Ruling:
Plan including final balloon payment to secured creditor could be confirmed. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on September 01,2016, LexisNexis #0916-133
Jul
21
2016
Action Motors, Inc. v. Milliner (In re Milliner)
Ruling:
Judicial lien avoided as impairing debtor’s claimed exemptions (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 21,2016, LexisNexis #0816-072
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