Judge Bonapfel

Smith, In re--BKGD, LLC v. Townsend

Ruling: 
Court granted the motion to annul the automatic stay and, based on the annulment of the stay,granted the amended motion to dismiss plaintiff's complaint. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-068

Keaveney, In re

Ruling: 
Court dismissed debtor's ex-wife's requests for relief as her requests became moot when the trustee filed a notice of abandonment and abandoned the debtor's qui tam claims. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-058

Hutcheson Med. Ctr., Inc., In re--Glass v. Miller & Martin, PLLC

Ruling: 
Court proposed that the motion to transfer venue be granted as the forum selection clause inthe engagement letter that governed the relationship between the parties was valid andenforceable. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on October 06,2017, LexisNexis #1117-089

Patterson, In re--Patterson v. United States, SSA

Ruling: 
Doctrine of recoupment permitted the Social Security Administration to recover its debt forsick leave advanced prepetition to the debtor from postpetition sick leave earned by him.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 04,2017, LexisNexis #1117-053

Astroturf, In re--Textile Mgmt. Assocs., Inc. v. FieldTurf USA, Inc.

Ruling: 
Court declined to hear declaratory judgment action because the claim involved a dispute only between nondebtor parties and was governed solely by Georgia law without any consideration of bankruptcy law. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on September 05,2017, LexisNexis #1017-057

Withrow, In re--BiTech, Inc. v. Withrow

Ruling: 
No grounds existed to permit a late-filed complaint as there was no situation in whichcreditor's failure to meet the deadline arose due to circumstances beyond its control. (Bankr.N.D. Ga.)
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Consumer case opionion summary, case decided on April 07,2017, LexisNexis #0517-090

Smith, In re--BKGD, LLC v. Townsend

Ruling: 
Abstention was warranted where relief requested could not be granted without determiningthat the trial court was wrong when it ruled that debtor had authority to transfer certaininterests. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 10,2017, LexisNexis #0517-085

Perkins v. Lehman Bros. (In re Int'l Mgmt. Assocs., LLC)

Ruling: 
Debtor's transfers to a brokerage firm was not sufficient to require application of Ponzischeme presumption to establish actual fraudulent intent as brokerage firm did not invest norparticipate in the scheme. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 10,2017, LexisNexis #0217-043

In re Feagan

Ruling: 
Debtor could take vehicle ownership deduction based on payments on pawn loan secured byvehicle. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 08,2016, LexisNexis #1116-061

Georgia Lottery Corp. v. Huynh (In re Huynh)

Ruling: 
Debt to lottery commission was nondischargeable due to debtor's failure to preserve and account for lottery proceeds.
ABI Membership is required to access the full summary of Georgia Lottery Corp. v. Huynh (In re Huynh). 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 April 07,2016, LexisNexis #0516-017

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