Jan
11
2023
Hillis, In re
Ruling:
The interests of the Chapter 7 trustee were adequately represented by Chapter 13 trustee priorto conversion so that Chapter 7 trustee lacked power to reevaluate validity of liens. (Bankr.M.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2023, LexisNexis #0323-026
Dec
20
2022
Collins, In re--Munn v. Collins
Ruling:
Debt owed to debtor’s domestic relations attorney arose from fee arrangement that was not adomestic support obligation and was not entitled to priority status. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 20,2022, LexisNexis #0223-080
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
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
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
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
Jan
19
2018
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
Apr
24
2017
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
Mar
11
2011
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
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