Judge Hagenau

Miller, In re

Ruling: 
Trustee was empowered to avoid post-petition transfer where mortgage was recordedoutside of the chain of title by creditor seeking to use bona fide purchaser statusdefensively. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-089

Holyfield, In re

Ruling: 
Estate administrator's letter demanding possession of debtor's property violated the automaticstay as debtor was in possession of the property when she filed her bankruptcy case andremained in possession throughout the case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 03,2019, LexisNexis #0819-031

Moore-Mckinney, In re

Ruling: 
Interest that accrued on a pre-petition debt in the nature of alimony, maintenance, or supportbecame part of the domestic support obligation itself. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 09,2019, LexisNexis #0719-051

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

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.)
ABI Membership is required to access the full summary of Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083

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

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

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

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

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

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