Judge Brizendine

Rooney v. Martin (In re Martin)

The former spouse of bankruptcy debtor and the spouse's attorney, brought an adversary proceeding against the debtor seeking a determination that monetary awards to the spouse and the attorney in the divorce proceedings of the debtor and the spouse were nondischargeable under 11 U.S.C.S. § 523(a). The spouse and the attorney moved for summary judgment.
Ruling: 
Debt incurred in course of marriage dissolution and associated attorneys' fees of debtor's spouse were nondischargeable.
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Consumer case opionion summary, case decided on December 06,2012, LexisNexis #0413-011

Davis v. Georgia Dept of Revenue (In re Davis)

Debtor contended that a certain tax indebtedness was not enforceable and that it was dischargeable under 11 U.S.C.S. § 523. Before the court were several motions with responses thereto as follows: (1) the motion of defendant Georgia Department of Revenue (GDR) for summary judgment on debtor's complaint, (2) debtor's motion for summary judgment, and, (3) debtor's motion for leave to amend complaint.
Ruling: 
State income taxes for years in which debtor failed to file returns were nondischargeable.
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Consumer case opionion summary, case decided on September 29,2011, LexisNexis #0212-051

Walton v. Stewart (In re Bennett)

Before the court was the motion of plaintiff, the regional U.S. Trustee (UST), for summary judgment on his complaint against defendant, a bankruptcy petition preparer (BPP). In the complaint, the UST alleged she violated certain provisions of 11 U.S.C.S. § 110 in connection with her efforts assisting debtor in the filing of this chapter 7 case as a bankruptcy petition preparer as that term was defined in § 110(a)(1). A hearing was held.
Ruling: 
Bankruptcy petition preparer sanctioned and enjoined from doing business for 60 days due to violations.
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Consumer case opionion summary, case decided on September 21,2011, LexisNexis #0212-036

Atlanta Contract Glazing Inc. v. Isaac (In re Swofford)

Subcontractor filed an action against debtor alleging that he was never paid for glass work that the subcontractor performed for the debtor and that the debt should be excepted from discharge under 11 U.S.C.S. § 523(a)(6). The debtor filed a motion to dismiss.
Ruling: 
Debt was dischargeable absent showing that debtor's failure to pay was willful or malicious.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-051

Haramis v. Mitchell (In re Mitchell)

Plaintiff judgment creditor filed a motion for summary judgment on his complaint against defendant chapter 7 debtor, seeking a determination that the judgment should be excepted from discharge as arising from a willful and malicious injury in accordance with 11 U.S.C. § 523(a)(6).
Ruling: 
Judgment for willful and malicious injury to creditor's eye was nondischargeable.
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Consumer case opionion summary, case decided on July 25,2007, LexisNexis #1007-065

In re Cotton

Debtor commenced a chapter 13 case. Before the court were debtor's motion seeking to voluntarily dismiss the case, along with several other matters, to wit: a motion for relief from automatic stay filed on behalf of an estate, a motion for approval of settlement filed on behalf of debtor's former counsel in related state litigation, and the chapter 13 trustee's objection to confirmation of plan.
Ruling: 
Court denied the debtors their motion to dismiss a chapter 13 case and ruled that the best interests of the creditors were to have the case converted to chapter 7.
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Tynes v. Lowell (In re Lowell)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding against the debtor, seeking a determination that amounts owed by the debtor under the parties'divorce decree were non-dischargeable under 11 U.S.C. § 523(a)(5) and (15). The court conducted a trial.
Ruling: 
Debts owed to debtor's former spouse pursuant to a divorce decree were nondischargeable since they were intended as part of spousal support.
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Bellows v. Froug (In re Froug)

Defendant debtor commenced a chapter 7 bankruptcy proceeding. Plaintiff former wife contended that certain obligations were not dischargeable in bankruptcy under 11 U.S.C. § 523(a)(5). She filed a motion for partial summary judgment or a judgment on the pleadings.
Ruling: 
Former wife was granted partial summary judgment against debtor in finding spousal and child support were not dischargeable but postponed uncertain determination regarding second mortgage.
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