Middle District

Osborne, In re--Shaw v. Osborne

Ruling: 
Debt was dischargeable as the creditor failed to carry her burden of showing debtor’sintention to mislead, defraud, or induce reliance. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-062

Polk, In re--Kapitus Servicing, Inc. v. Polk

Ruling: 
Debt was dischargeable where creditor failed to prove that debtor intentionally made amisrepresentation regarding solvency where debtor testified that when he filed bankruptcy hedid not know the extent of claim by the IRS. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0320-084

Jimenez, In re--Fidelity Bank v. Jimenez

Ruling: 
Creditor failed to state embezzlement claim as transferred property was owned by medicalcenters and creditor merely had a security interest in that property. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on October 10,2019, LexisNexis #1219-006

Brownlee, In re--Kelley v. Stone & Baxter, LLP

Ruling: 
Trustee's avoidance actions were not time barred where timing of permanent appointmententitled trustee to a one-year extension. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-086

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

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