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Ohai, In re--Ohai v. Delta Cmty. Credit Union

Ruling
The issuance of a Form 1099-C is not a violation of the discharge injunction. (Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-061

Ohai, In re--Ohai v. Delta Cmty. Credit Union

Ruling
Creditor's monthly statements regarding funds due for payment for debtor's residence did notviolate the discharge injunction. (Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-062

Ohai v. Delta Cmty. Credit Union, In re

Ruling
Summary judgment was not warranted on claim that the defendant violated the dischargeinjunction due to factual disputes. (Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on March 07, 2024 , LexisNexis #0524-038

Evolved Cinema, LLC v. Sams

Ruling
Creditor was entitled to a default judgment as to the nondischargeability of a debt where thedebtor misrepresented that he had been entrusted with and held the funds for the project toinduce the creditor to start working on the project. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on January 24, 2024 , LexisNexis #0324-061

Crawford, In re--Smithyman v. Crawford

Ruling
Creditor was not entitled to have his entire contractual debt determined to benondischargeable and/or to an order denying the defendant a discharge as the undisputedfacts did not support these demands. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.

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Consumer opinion summary, case decided on September 27, 2023 , LexisNexis #1223-016

Brown, In re

Ruling
Dismissal of debtor's case was appropriate sanction as her repeated failures to appear andrespond created an unreasonable delay prejudicial to creditors. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause;

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Consumer opinion summary, case decided on July 12, 2023 , LexisNexis #0923-039

Modi, In re

Ruling
Reconsideration of denial of sanctions was not warranted as the debtor had not presented anynew evidence or argument that he did not, or could not have, presented previously to establisha basis to reconsider the denial of sanctions. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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Consumer opinion summary, case decided on June 08, 2023 , LexisNexis #0823-045

Mitchell-Smith, In re--Palmer v. Mitchell

Ruling
Sale of single-family property ordered free and clear of interest of debtor’s son. (Bankr. N.D. Ga.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on February 16, 2023 , LexisNexis #0423-058

Douglas Cullinan, In re--Coastal States Bank v. Douglas Cullinan

Ruling
Bankruptcy court would enter a stay pending appeal as to the wife to avoid irreparable harmto the creditor given the creditor's likelihood of success as to the grant of summaryjudgment as to her. (Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Commercial opinion summary, case decided on January 18, 2023 , LexisNexis #0323-095

Wilder, In re

Ruling
Judgment relating to the debtor’s liability under the Computer Fraud and Abuse Act wasbinding pursuant to collateral estoppel and nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 01, 2022 , LexisNexis #1122-013