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Northern District

Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC

Ruling: 
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Respondent violated the automatic stay by placing telephone calls to the debtor and to herbrother even after notice of bankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-003

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Levy on property was not prohibited by the automatic stay as it constituted an in rem actionagainst the property itself and not an in personam action against the debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-004

Baker, In re--Franklin Fin. Corp. v. Baker

Ruling: 
Creditor's motion seeking stay relief was premature as it had not obtained a judgment against the debtor that could be executed. (Bankr. N.D. Ga.)
ABI Membership is required to access the full summary of Baker, In re--Franklin Fin. Corp. v. Baker. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 12,2018, LexisNexis #1118-064

Hayes, In re--McDermott v. Hauwanga

Ruling: 
Court imposed fines on bankruptcy petition preparer as he failed to file a fee disclosure statement, filed inaccurate fee disclosures, and failed to list identifying information on motions to withdraw case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-092

Clark, In re--Batanado v. Clark

Ruling: 
Debt deemed dischargeable as creditor knew something was afoul but continued therelationship. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 06,2018, LexisNexis #1018-070

Dopson, In re--Wilcox v. Dopson

Ruling: 
Debtor's motion to dismiss was granted as creditor’s first attempt to assert his rights came approximately two months after the 30-day window closed and thus, his claim was barred. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 17,2017, LexisNexis #1018-032

Sandalwood Nursing Ctr., Inc., In re--Schuler v. Sandalwood Nursing Ctr., Inc.

Ruling: 
Court granted debtor limited relief from automatic stay as debtor was a corporation in achapter 7 case and would not receive a discharge. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-005

Sandalwood Nursing Ctr., Inc., In re--Schuler v. Sandalwood Nursing Ctr., Inc.

Ruling: 
Court granted debtor limited relief from automatic stay as debtor was a corporation in achapter 7 case and would not receive a discharge. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-005

Stroud, In re

Ruling: 
Trustee was not entitled to compensation as trustee's services did not rise to the level of providing any substantial benefit to the estate or to the creditors sufficient to warrant quantum meruit award. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-092

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