Dec
03
2018
Brownlee, In re--Kelley v. First Cmty. Bank
Ruling:
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
ABI Membership is required to access the full summary of Brownlee, In re--Kelley v. First Cmty. Bank. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044
Oct
12
2018
Alpha Protective Servs., In re--Gordon v. Rogich
Ruling:
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Rogich. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078
Jun
13
2018
Johnson, In re--RentalAccess, LLC v. Johnson
Ruling:
Rejection of a lease created cause for relief from the automatic stay. (Bankr. M.D. Ga.)
ABI Membership is required to access the full summary of Johnson, In re--RentalAccess, LLC v. Johnson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-063
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.)
ABI Membership is required to access the full summary of Madden, In re--Madden v. Anderson Fed. Credit Union. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.).
ABI Membership is required to access the full summary of Woodruff, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Sec. Essentials, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Rogich. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Alpha Protective Servs., In re--Gordon v. Hackenberry. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Perry, In re--Kelley v. Wells Fargo Bank, N.A.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Movant v. McGill (In re McGill). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 17,2016, LexisNexis #1216-066
Pages
