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judge diehl

Huether, In re

Ruling
Confirmation denied as debtor's chapter 13 plan was essentially a disguised chapter 7liquidation seeking to discharge debts that would not be dischargeable in a conventionalchapter 7. (Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on January 24, 2018 , LexisNexis #0318-025

Huether, In re

Ruling
Confirmation denied as debtor's chapter 13 plan was essentially a disguised chapter 7liquidation seeking to discharge debts that would not be dischargeable in a conventionalchapter 7. (Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on January 24, 2018 , LexisNexis #0318-025

Beaulieu Grp., LLC, In re

Ruling
Court determined reasonable aggregate value and ordered funds for the payment to the transferee deducted from the Escrow Account held by debtor's counsel. (Bankr. N.D. Ga.)
Issue(s)
Courts Defined.

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Commercial opinion summary, case decided on December 08, 2017 , LexisNexis #0218-059

Direct Home Textiles Grp. LLC v. Ragy (In re Ragy)

Ruling
Debtor was not collaterally estopped from contesting dischargeability where judgment creditor did not provide certified copy of state court default judgment.
Issue(s)
Did state court default judgment collaterally estop debtor from contesting dischargeability?

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Consumer opinion summary, case decided on March 24, 2016 , LexisNexis #0616-010

Mendez v. Wells Fargo Home Mortg. (In re Mendez)

Ruling
Debtor could not modify secured loan debt by claiming modification created a second, unsecured debt.
Issue(s)
Did agreement for modification of secured loan create a second, wholly unsecured lien that could be modified by debtor?

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Consumer opinion summary, case decided on January 06, 2016 , LexisNexis #0316-067

Jones v. CitiMortgage (In re Jones)

Ruling
Creditor's posting of signs and notices of abandonment on property that had already been foreclosed on petition date was not a willful violation of the automatic stay.
Issue(s)
Did placing of signs and notices on property that had been sold at foreclosure on the petition date violate the automatic stay?

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Consumer opinion summary, case decided on December 14, 2015 , LexisNexis #0316-013

Cmty. & S. Bank v. Adeluola (In re Adeluola)

Ruling
Retroactive relief from stay granted to creditors who did no have actual notice when issuing write of possession and eviction.

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Consumer opinion summary, case decided on July 31, 2015 , LexisNexis #1015-007

In re Perdum

Ruling
Plan that did not allow for payment of allowed, secured claim could not be confirmed.

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Consumer opinion summary, case decided on July 30, 2015 , LexisNexis #1015-026

In re Gregory

Ruling
Involuntary case dismissed due to petitioning creditor's failure to pay the filing fee or file documents constituting a valid petition.
Issue(s)
Should improperly filed involuntary case for which petitioning creditor did not pay the filing fee be dismissed?

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Consumer opinion summary, case decided on July 24, 2015 , LexisNexis #1015-003

In re Lemming

Ruling
Second chapter 13 case filed one month after debtor's first case was dismissed, dismissed with prejudice.
Issue(s)
Should second chapter 13 case, filed one month after the first chapter 13 case, by debtor who had filed seven proposed plans that could not be confirmed, be dismissed?

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Consumer opinion summary, case decided on July 24, 2015 , LexisNexis #1015-022