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
Dec
19
2019
Polk, In re
Ruling:
Creditor failed to carry its burden of proof that its claim was nondischargeable as creditorfailed to prove that debtor intentionally made a misrepresentation regarding solvency. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-009
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
24
2019
Renegar Golf, LLC, In re
Ruling:
Creditor was required to prosecute his equitable subordination claims in an adversaryproceeding. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on July 24,2019, LexisNexis #0919-058
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
07
2018
Madden, In re--Madden v. Anderson Fed. Credit Union
Ruling:
Credit union defendant was entitled to summary judgment as there was a total lack of evidence that it was in possession, custody, or control of the debtor's car. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on March 07,2018, LexisNexis #0418-045
May
23
2016
Castaic Partners II LLC v. DACA-Castaic LLC (In re Castaic Partners II LLC)
Ruling:
Appeal dismissed as there was no case or controversy after underlying bankruptcy case was dismissed.
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Commercial case opionion summary, case decided on May 23,2016, LexisNexis #0616-042
Feb
08
2016
U.S. Bank N.A. v. Vill. at Lakeridge LLC (In re Vill. at Lakeridge LLC)
Ruling:
Bankruptcy court finding that buyer was not a non-statutory insider was not clearly erroneous.
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Commercial case opionion summary, case decided on February 08,2016, LexisNexis #0316-001
Oct
27
2015
Treaty Energy Corp. v. Hallin (In re Treaty Energy Corp.)
Ruling:
Involuntary debtor not entitled to recover losses to stock sales during pendency of dismissed case absent proof that price of shares declined.
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Commercial case opionion summary, case decided on October 27,2015, LexisNexis #1115-108
Sep
25
2015
In re Jackson
Ruling:
Scheduling of sheriff's sale in order to induce debtor to pay discharged debt violated the discharge injunction.
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Consumer case opionion summary, case decided on September 25,2015, LexisNexis #1015-090
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