Northern District

Nilhan Developers, LLC, In re

Ruling: 
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on November 09,2020, LexisNexis #1220-085

Otoh, In re--Otoh v. Barr

Ruling: 
Court dismissed governmental defendants as the plaintiff's damages claims were for punitivedamages and court considered such claims under U.S.C.S. § 106(a)(3). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-027

Dodge, In re--Strategic Funding Source, Inc. v. Dodge

Ruling: 
Nondischargeability proceeding dismissed to the extent based on the contention that thedebtor committed fraud or defalcation while acting in a fiduciary capacity under § 523(a)(4).(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-058

Parks, In re--Buchanan v. Parks

Ruling: 
Creditors failed to establish that they were entitled to a claim for attorneys fees and damagesrelating to a state court action and that that claim was nondischargeable. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 25,2020, LexisNexis #1120-064

A-1 Express Delivery Serv., In re--Dotson v. EAN Servs., LLC

Ruling: 
Preference proceeding dismissed as the claims related to damage repairs made to leasedvehicles by creditor which constituted new value. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on September 30,2020, LexisNexis #1120-066

Harman, In re--McAfee v. Harman

Ruling: 
Nondischargeability claims could be transferred from creditor to her son only to the extentassignment was allowed under state law. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-032

Woody, In re--Woody v. Cooper

Ruling: 
Adversary proceeding can continue, but debtor will have to fulfill the clear and convincingevidence standard to prevail on his contempt claims. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-099

Knight, In re--Cook v. Knight

Ruling: 
Arbitrator’s award in relation to the creditor’s late husband’s client list was excepted fromdischarge as debtor intentionally used the husband’s funds without permission andbenefitted from it. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 14,2020, LexisNexis #1020-082

Milani, In re

Ruling: 
Debtor was not entitled to summary judgment in proceeding for violation of the dischargeinjunction given issues of fact regarding creditor’s intention in bringing state court action.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-086

Patel, In re

Ruling: 
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-076

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