Skip to main content

Page Banner(Taxonomy)

judge laney

Chipley's Fam. Rest., LLC, In re--Walker v. CFG Merchant Sols., LLC

Ruling
Statute restricting venue did not apply to preference actions. (Bankr. M.D. Ga.)
Issue(s)
Fraudulent Transfers and Obligations.

ABI Membership is required to access the full summary of Chipley's Fam. Rest., LLC, In re--Walker v. CFG Merchant Sols., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 06, 2024 , LexisNexis #1124-062

Trimax Med. Management, In re

Ruling
Outstanding objections were overruled as the debtor carried its burden by meeting itsrequirements and demonstrated its proposed plan met the best interests of the creditors test.(Bankr. M.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements.

ABI Membership is required to access the full summary of Trimax Med. Management, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 20, 2024 , LexisNexis #0724-066

Ward, In re

Ruling
Debts were dischargeable as evidence did not show that the debtor had fraudulent intent.(Bankr. M.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Ward, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 12, 2024 , LexisNexis #0424-037

Smith, In re

Ruling
Debtor was entitled to dismissal of a creditor's nondischargeability complaint for failure tostate an actionable claim as the complaint failed to allege fraud with the requisiteparticularity. (Bankr. M.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 19, 2024 , LexisNexis #0324-039

Brewer, In re--United States Tr. v. Brewer

Ruling
Debtors' discharge denied where trustee did not meet her burden to prove that debtors failedto disclose storage unit or contents with the intent to hinder, delay, or defraud creditors.(Bankr. M.D. Ga.)
Issue(s)
Discharge; Grounds for Denial.

ABI Membership is required to access the full summary of Brewer, In re--United States Tr. v. Brewer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 17, 2023 , LexisNexis #0124-042

Collins, In re--Munn v. Collins

Ruling
Creditor was not able to object to the discharge of a debt as the creditor had actual notice of the bankruptcy proceeding and the deadline had expired to file a complaint. (Bankr. M.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

ABI Membership is required to access the full summary of Collins, In re--Munn v. Collins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 04, 2023 , LexisNexis #0623-019

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.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

ABI Membership is required to access the full summary of Hillis, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 11, 2023 , LexisNexis #0323-026

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.)
Issue(s)
Priorities; Order of Priorities; Domestic Support Obligations; Nonassigned Claims.

ABI Membership is required to access the full summary of Collins, In re--Munn v. Collins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 20, 2022 , LexisNexis #0223-080

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.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.

ABI Membership is required to access the full summary of Brownlee, In re--Kelley v. Stone & Baxter, LLP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 30, 2019 , LexisNexis #0919-086

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.)
Issue(s)
Revocation of an Order of Confirmation.

ABI Membership is required to access the full summary of McCutcheon, In re--Kupersmith v. McCutcheon Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 15, 2019 , LexisNexis #0519-073