Judge Land

Phoenix Dev. & Land Inv. LLC v. SCBT

Chapter 11 debtor challenged a decision of the U.S. Bankruptcy Court for the Middle District of Georgia, which denied confirmation of its chapter 11 plan of reorganization and granted appellee secured creditor's motion for relief from the automatic stay.
Ruling: 
Bankruptcy court did not err by treating creditor's entire claim as secured in denying confirmation and granting relief from stay.
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Commercial case opionion summary, case decided on April 17,2012, LexisNexis #0512-078

United States v. Mitchell

Plaintiff challenged the bankruptcy court's finding that defendant debtor's federal tax liabilities for 1998 through 2002 were not excepted from discharge pursuant to 11 U.S.C.S. § 523(a)(1)(C). The bankruptcy court found that the debtor did not willfully evade his income taxes and, therefore, did not satisfy the 11 U.S.C.S. § 523(a)(1)(C) exception to 11 U.S.C.S. § 727(b)'s general discharge of debts in bankruptcy.
Ruling: 
Bankruptcy court's finding that debtor did not willfully evade taxes was not clearly erroneous and debt was dischargeable.
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Consumer case opionion summary, case decided on December 09,2009, LexisNexis #0110-017

Klauman v. GMAC Mortg. LLC

After a bankruptcy court dismissed the class action complaint of appellant debtors against appellee creditors for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1), the debtors challenged the dismissal. The creditors sought a dismissal of the appeals on the ground that the notices of appeal were untimely.
Ruling: 
Appeal of dismissal of debtors' class action proceeding dismissed as debtors failed to file notice of appeal within ten days of order.
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Consumer case opionion summary, case decided on August 28,2008, LexisNexis #1008-140
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