Middle District

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

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

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

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

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

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

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

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

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

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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