Northern District

Cook, In re

Ruling: 
Debtor's request to impose the stay retroactively was denied as the court did not haveauthority under 11 U.S.C. § 105(a) to override 11 U.S.C. § 362(c)(4)(C). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-081

In re Thompson v. Sawyer (In re Thompson)

Ruling: 
Debtor's summary judgment granted where plaintiff failed to establish the existence of afiduciary relationship arising out of a technical trust. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-062

Miller v. New Penn Fin., LLC

Ruling: 
Chapter 7 trustee was entitled to summary judgment in avoidance proceeding as she coulddefensively assert her rights as a bona fide purchaser under applicable state law. (Bankr. N.D.Ga.)
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Commercial case opionion summary, case decided on April 21,2020, LexisNexis #0620-039

Gibbs, In re--Gibbs v. Gibbs

Ruling: 
Abstention was warranted because the adversary proceeding largely involved state law issues.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 09,2020, LexisNexis #0620-021

Bay Circle Props., LLC, In re

Ruling: 
Equity holders were not judicially estopped from contesting how much was owed as noamounts owing from either jointly administered debtor were specified in creditor’sfinancial statements. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on April 03,2020, LexisNexis #0520-080

Latira Shayonica Banks, In re--Gordon v. Wells Fargo Bank, N.A.

Ruling: 
Court deemed that trustee could recover damages for violation of the automatic stay (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-052

Steed, In re--GSRAN-Z, LLC v. Steed

Ruling: 
Loan servicer willfully violated the automatic stay by failing to stop the first notice, secondnotices, and May advertisement despite notice of reinstatement order. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-057

Steed, In re--Steed v. Educ. Credit Mgmt. Corp.

Ruling: 
Motions to dismiss post-dismissal proceeding between debtor and other parties granted as itwas no longer a bankruptcy matter. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-070

Clayton Gen., Inc., In re

Ruling: 
Amendment to § 1930(a)(6) did not violate the bankruptcy clause because the fees imposedwere uniform in every district with a U.S. Trustee. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 01,2018, LexisNexis #0520-071

Hardin, In re--American Zurich Ins. Co. v. Hardin

Ruling: 
Motion to dismiss denied where debtor was pursuing a legitimate bankruptcy purpose andhad acted in good faith, fully disclosed his assets and financial affairs, and cooperated withthe trustee. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-043

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