Jan
11
2023
Yarbra, In re--Yarbra v. U.S. Bank Trust Nat'l Ass'n
Ruling:
Stay automatically expired as to plaintiff after 30 days from the petition date but not as toproperty of the bankruptcy estate. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2023, LexisNexis #0323-004
Dec
30
2022
Gerstner, In re--NextGear Cap., Inc. v. Gerstner
Ruling:
Debtor’s counsel sanctioned for failing to produce documents that he had in his possession atsignificant risk to client. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 30,2022, LexisNexis #0223-074
Nov
17
2022
Kennedy, In re--Kennedy v. Najarian Cap., LLC
Ruling:
Foreclosure of the property at issue did not violate the automatic stay as debtor had no legal orequitable interest in the property at the time of the foreclosure. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 17,2022, LexisNexis #0123-53
Oct
27
2022
Cullinan, In re--Coastal States Bank v. Cullinan
Ruling:
Plaintiff was not entitled to reinstatement of its mistakenly cancelled first security deed asdebtor-in-possession was entitled to stand in the shoes of a trustee as a bona fide purchaser forvalue. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 27,2022, LexisNexis #0123-019
Sep
22
2022
Rosser, In re
Ruling:
Debtor was not entitled to convert his case from Chapter 7 to Chapter 13 as the findings offraud in an adversary proceeding had to be given collateral estoppel effect. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 22,2022, LexisNexis #1122-095
Sep
06
2022
Rakestraw, In re--Rakestraw v. AtWill Fin.
Ruling:
Post-petition sale of vehicle that was repossessed before the bankruptcy case was filedviolated the automatic stay. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 06,2022, LexisNexis #1122-034
Aug
31
2022
Reid, In re
Ruling:
Award of attorney's fees for contempt action could not become part of ex-spouses claim as itwas unliquidated and unmatured on the petition date and not part of an allowed claimpayable through the Chapter 13 plan. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 31,2022, LexisNexis #1122-008
Sep
01
2022
Wilder, In re
Ruling:
Judgment relating to the debtor’s liability under the Computer Fraud and Abuse Act wasbinding pursuant to collateral estoppel and nondischargeable. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 01,2022, LexisNexis #1122-013
Aug
16
2022
Garcia, In re--Dobronski v. Garcia
Ruling:
Plaintiff failed to state a claim for nondischargeability as he pled no facts to suggest that herelied, justifiably or not, on any false representation. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 16,2022, LexisNexis #1022-082
Aug
23
2022
Bay Circle Props., LLC, In re--Good Gateway, LLC v. NRCT, LLC
Ruling:
Debtors as guarantors under a settlement agreement were the only parties who could be liablefor contribution. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 23,2022, LexisNexis #1022-074
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