Skip to main content

Page Banner(Taxonomy)

judge cavender

Carter, In re--Armstrong v. Carter

Ruling
State court sanctions order did not have preclusive effect in nondischargeability proceeding. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Carter, In re--Armstrong v. Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-033

Kiener Maschinenbau GmbH, In re

Ruling
Creditor's requests for stay relief and to pursue collection from Chapter 15 debtors' insurance policy in the U.S. courts were granted as requiring her to litigate abroad would deprive her of her right to a jury trial. (Bankr. N.D. Ga.)
Issue(s)
Order Granting Recognition.

ABI Membership is required to access the full summary of Kiener Maschinenbau GmbH, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 16, 2024 , LexisNexis #1224-019

Robertson, In re

Ruling
Debtor's counsel sanctioned for lack of preparedness that negatively impacted the debtor andslowed and frustrated the bankruptcy process. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

ABI Membership is required to access the full summary of Robertson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 07, 2024 , LexisNexis #1024-049

Carter, In re

Ruling
Chapter 11 debtor and his Chapter 7 businesses were still "affiliates" for purposes ofeligibility to proceed under Subchapter V. (Bankr. N.D. Ga.)
Issue(s)
Definitions.

ABI Membership is required to access the full summary of Carter, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 13, 2023 , LexisNexis #0224-095

Dunwoody Labs, Inc., In re--Liberty Wellness Servs., LLC v. Agolli

Ruling
Second amended complaint failed to adequately plead a claim for either fraudulent pretenseor false inducements as it failed to identify any written document concerning either debtor'sfinancial condition. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Dunwoody Labs, Inc., In re--Liberty Wellness Servs., LLC v. Agolli Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 10, 2023 , LexisNexis #1023-033

Braxton, In re--Wagoner v. Braxton

Ruling
Discharge denied as the debtor failed to keep adequate records. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial.

ABI Membership is required to access the full summary of Braxton, In re--Wagoner v. Braxton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 15, 2022 , LexisNexis #1022-015

Virtual Citadel, In re--Thomas Switch Holding, LLC v. Bay Point Capital Partners II, LP

Ruling
Court accepted an appraiser's value opinion as the best evidence of value of debtor's property.(Bankr. N.D. Ga.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.

ABI Membership is required to access the full summary of Virtual Citadel, In re--Thomas Switch Holding, LLC v. Bay Point Capital Partners II, LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 21, 2021 , LexisNexis #0222-058

Neelkanth Hotels, LLC, In re--Neelkanth Hotels, LLC v. U.S. Bank N.A.

Ruling
Debtor's objection to creditor's attorney's fees and expenses sustained in part as the hourlyrates charged and the services performed were reasonable and necessary to protect theinterests of the creditor. (Bankr. N.D. Ga.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

ABI Membership is required to access the full summary of Neelkanth Hotels, LLC, In re--Neelkanth Hotels, LLC v. U.S. Bank N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 22, 2021 , LexisNexis #1221-033

Jareiq Ahmad Josef Kabara, In re--Cinq Music Grp., LLC v. Jareiq Ahmad Josef Kabara

Ruling
Summary judgment regarding creditor's claim to disregard the corporate form was precludedas court could not conclude that no evidence existed to support the veil-piercing claim. (Bankr.N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Jareiq Ahmad Josef Kabara, In re--Cinq Music Grp., LLC v. Jareiq Ahmad Josef Kabara Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 02, 2021 , LexisNexis #1021-086

Johnson, In re

Ruling
Pro se creditor failed to meet her burden to establish "cause" for dismissal for improper venuein motion that was also untimely. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

ABI Membership is required to access the full summary of Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 30, 2021 , LexisNexis #0921-067