Judge Smith

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

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

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

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

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

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

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

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

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

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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