Middle District

Walker, In re

Ruling: 
Trustee could not avoid insurance payments made in the ordinary course of business. (Bankr.M.D. Ga.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-086

McCutcheon, In re--Kupersmith v. McCutcheon

Ruling: 
Creditor was permitted to assert revocation claim as he retained pecuniary interest in thebankruptcy case even if his claim was disallowed. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on March 15,2019, LexisNexis #0519-073

Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC

Ruling: 
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082

Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC

Ruling: 
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-028

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.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044

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.)
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Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078

Johnson, In re--RentalAccess, LLC v. Johnson

Ruling: 
Rejection of a lease created cause for relief from the automatic stay. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-063

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

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