Two Rivers Irrevocable Trust, In re
Jul
17
2023
Ruling
Trust was not a business trust as it was created to hold property for estate and family planningpurposes and failed to file federal income tax returns. (Bankr. M.D. Ga.)
Issue(s)
Involuntary Cases; Chapter 7 or 11 Only.
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Court
:
- 11 U.S.C.
Haar, In re--Kelley v. Haar
Sep
29
2021
Ruling
Trustee could not avoid debtor’s transfer of properties held in constructive trust for a relativeto that relative as it did not constitute a transfer of an interest. (Bankr. M.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
Willman, In re--Townsend v. Willman
Oct
05
2020
Ruling
Probate court judgment for value of gun collection concealed by debtors wasnondischargeable on grounds of willful and malicious conversion. (Bankr. M.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
- 11 U.S.C.
Polk, In re--Kapitus Servicing, Inc. v. Polk
Feb
13
2020
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
- 11 U.S.C.
Polk, In re
Dec
19
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Jimenez, In re--Fidelity Bank v. Jimenez
Oct
10
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Renegar Golf, LLC, In re
Jul
24
2019
Ruling
Creditor was required to prosecute his equitable subordination claims in an adversaryproceeding. (B.A.P. 6th Cir.)
Issue(s)
Subordination.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Walker, In re
Feb
20
2019
Ruling
Trustee could not avoid insurance payments made in the ordinary course of business. (Bankr.M.D. Ga.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Madden, In re--Madden v. Anderson Fed. Credit Union
Mar
07
2018
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.)
Issue(s)
Turnover of Property to the Estate.
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Court
:
Castaic Partners II LLC v. DACA-Castaic LLC (In re Castaic Partners II LLC)
May
23
2016
Ruling
Appeal dismissed as there was no case or controversy after underlying bankruptcy case was dismissed.
Issue(s)
Should appeal arising out of bankruptcy case that was dismissed be dismissed as moot?
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Court
:
Judge or Jurisdiction information not available