Judge Brizendine

Walston v. Pyod LLC (In re Walston)

Ruling: 
Proof of claim for assigned debt allowed over debtor's objection.
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Consumer case opionion summary, case decided on March 17,2014, LexisNexis #0614-112

McCarter v. Green Tree Servicing LLC (In re McCarter)

Ruling: 
Debtor could not modify plan and reclassify claims almost five years after confirmation.
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Consumer case opionion summary, case decided on March 06,2014, LexisNexis #0614-133

Smith v. Smith (In re Smith)

Ruling: 
State court award to chapter 13 debtor's former spouse in lieu of property was dischargeable as a property settlement.
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Consumer case opionion summary, case decided on March 04,2014, LexisNexis #0614-116

Smith v. Smith (In re Smith)

Ruling: 
Debtor's obligation under divorce decree to pay health insurance, attorneys' fees, alimony and for son's vehicle were nondischargeable.
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Consumer case opionion summary, case decided on October 03,2013, LexisNexis #0214-093

Weisheipl v. Sandstrom (In re Weisheipl)

Ruling: 
Late filed proof of claim disallowed where "erroneous delivery" exception did not apply.
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Consumer case opionion summary, case decided on September 06,2013, LexisNexis #1113-070

Nasuti v. Avery (In re Avery)

Chapter 7 trustee filed a complaint against defendants, a debtor and her son, alleging that the debtor's transfer of real property to her son was fraudulent and subject to avoidance under 11 U.S.C.S. § 548(a)(1)(A) and /or (a)(1)(B). As the son sold the property to innocent third parties, the trustee sought recovery of its value under 11 U.S.C.S. § 550(a). The trustee moved for summary judgment.
Ruling: 
Transfer of property from debtor to son was avoided fraudulent and made to an insider.
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Consumer case opionion summary, case decided on March 05,2013, LexisNexis #0613-094

Thomason v. Chestatee Cmty. Assn (In re Thomason)

A chapter 7 debtor filed a motion for damages and sanctions under 11 U.S.C.S. § 362(k) for violation of the automatic stay by a creditor. The debtor alleged that the creditor violated the stay by, inter alia, sending a written notice of suspension of amenity privileges in the form of a letter to the debtor for unpaid homeowner's association fees.
Ruling: 
Compensatory damages and attorneys' fees awarded for creditor's violation of stay by sending letters of suspension of privileges for unpaid association fees.
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Consumer case opionion summary, case decided on March 05,2013, LexisNexis #0613-079

Dunn v. Whyte (In re Whyte)

Judgment creditor filed an adversary proceeding chapter 7 debtor, seeking a judgment denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2) and a determination that a judgment she obtained against the debtor in a Georgia court was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(4). The debtor filed a motion for summary judgment; however, the creditor failed to file a response.
Ruling: 
Judgment debt was nondischargeable but not grounds for denial of discharge where debtor's denial of embezzlement and fraud claims was not contested.
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Consumer case opionion summary, case decided on January 23,2013, LexisNexis #0413-024

Foley v. Smereczynsky (In re Smereczynsky)

Creditors filed a motion for summary judgment in their action against debtor, in which they sought a determination that certain prepetition debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and § 523(a)(6).
Ruling: 
Debt based on arbitrator's finding of false representations was nondischargeable.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0413-010

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