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Gividen, In re--Robb v. Gividen

Ruling
Creditors failed to sufficiently allege facts to state plausible claims for nondischargeabilty under the applicable pleading standards. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-087

Curepoint, LLC, In re--Wender v. Miles

Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-047

3 Kings Constr. Residential LLC, In re

Ruling
Movant was not entitled to quash an examination as the pending proceeding rule did notapply given that the entry of a contempt order in the adversary proceeding was no longerpending. (Bankr. N.D. Ga.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on May 17, 2024 , LexisNexis #0724-073

Johnson, In re--Johnson v. Johnson

Ruling
Debtor was entitled to dismissal of pro se plaintiff's complaint as plaintiff had not adequatelypled all necessary elements for nondischargeability. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 10, 2023 , LexisNexis #1023-034

First Leads & Mktg., In re

Ruling
Creditor required to dismiss certain claims belonging to the debtor's bankruptcy estate. (Bankr.N.D. Ga.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Commercial opinion summary, case decided on June 23, 2023 , LexisNexis #0823-061

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.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on September 22, 2022 , LexisNexis #1122-095

Blue Whale Studios, LLC, In re--Silva v. Blue Whale Studios, LLC

Ruling
Case dismissed as the movant and the co-founder each owned a fifty percent voting interest inthe debtor and the movant did not approve the filing of the petition. (Bankr. N.D. Ga.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on August 05, 2022 , LexisNexis #0922-096

Bar Servs., LLC, In re

Ruling
Cause had not been shown to support reconsideration of the partial disallowance of anunsecured claim given the delay in asserting some basis for the claim until after confirmationof the plan. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.

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Commercial opinion summary, case decided on August 04, 2022 , LexisNexis #0922-078

Se Chol Chang, In re--Lubin v. Se Chol Chang

Ruling
Debtor was denied discharge for refusal to provide required information or sit forexamination regarding his finances as directed. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order.

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Consumer opinion summary, case decided on June 01, 2022 , LexisNexis #0722-091

Heath, In re

Ruling
Debtor's motion for expungement of discharge denied as debtor did not meet the burden ofshowing that her own bankruptcy case was filed fraudulently or contained scandalous ordefamatory matters. (Bankr. N.D. Ga.)
Issue(s)
Public Access to Papers.

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Consumer opinion summary, case decided on April 01, 2022 , LexisNexis #0622-002