Oct
31
2017
Miller, In re--Miller v. New Penn Fin., LLC
Ruling:
Trustee could assert her bona fide purchaser status defensively and object to the claims in total or as to the secured status. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 31,2017, LexisNexis #0419-080
Dec
21
2018
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Ruling:
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083
Jul
19
2018
Stroud, In re
Ruling:
Trustee was not entitled to compensation as trustee's services did not rise to the level of providing any substantial benefit to the estate or to the creditors sufficient to warrant quantum meruit award. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-092
Apr
30
2018
Murphy, In re--Pettie v. Murphy
Ruling:
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-004
Apr
05
2018
Brannon, In re--Pettie v. Brannon
Ruling:
Trustee was entitled to avoid a transfer as the divorce decree awarding the house to debtor's former spouse had not been recorded and a lis pendens was not filed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-104
Mar
27
2018
Simmons, In re--McDermott v. Simmons
Ruling:
Revocation was warranted where debtor failed to disclose that she settled a worker's compensation claim and received net settlement proceeds two months prior to filing a chapter 7 petition. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2018, LexisNexis #0518-106
Mar
02
2018
Tisdale, In re--Tisdale v. Westmoore Grp., LLC
Ruling:
Court held that equitable remand of removed state court action was appropriate as the removal was improper. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-056
Feb
23
2018
Skelton, In re
Ruling:
Motion to transfer venue granted as the court lacked the authority to retain the case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 23,2018, LexisNexis #0418-028
Feb
23
2018
Unlimited Homes, Inc., In re--Unlimited Homes, Inc. v. Bank of N.Y. Mellon
Ruling:
Corporate debtor was entitled to damages for violation of the automatic stay as it was able toestablish in its complaint sufficient facts to support a plausible claim of the creditors'violation. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on February 23,2018, LexisNexis #0418-002
Oct
13
2017
Murphy, In re--Lubin v. Murphy
Ruling:
Trustee could avoid the transfer as there was no actual or constructive notice to the trustee ofthe transfer of the security deed to the defendant. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 13,2017, LexisNexis #1117-085
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