Feb
13
2020
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
Oct
10
2019
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
Jul
30
2019
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
Feb
20
2019
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
Mar
15
2019
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
Dec
26
2018
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
Jan
07
2019
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
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.)
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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.)
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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.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-063
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