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Nilhan Developers, LLC, In re

Ruling
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Commercial opinion summary, case decided on November 09, 2020 , LexisNexis #1220-085

Sanam Conyers Lodging, LLC, In re

Ruling
Amended plan was confirmed as feasible and capable of being fully performed by debtor.(Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on August 14, 2020 , LexisNexis #0920-096

Miller v. New Penn Fin., LLC

Ruling
Chapter 7 trustee was entitled to summary judgment in avoidance proceeding as she coulddefensively assert her rights as a bona fide purchaser under applicable state law. (Bankr. N.D.Ga.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.

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Commercial opinion summary, case decided on April 21, 2020 , LexisNexis #0620-039

Gibbs, In re--Gibbs v. Gibbs

Ruling
Abstention was warranted because the adversary proceeding largely involved state law issues.(Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on April 09, 2020 , LexisNexis #0620-021

Bay Circle Props., LLC, In re

Ruling
Equity holders were not judicially estopped from contesting how much was owed as noamounts owing from either jointly administered debtor were specified in creditor’sfinancial statements. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on April 03, 2020 , LexisNexis #0520-080

Hrn Group, In re

Ruling
Abstention was warranted where state law issues predominated over the bankruptcy issues inadversary proceeding. (Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on January 27, 2020 , LexisNexis #0320-048

Johnson, In re

Ruling
Grounds existed to modify the dismissal of the case as it was based on debtor's failure to payrather than on her failure to prosecute the Chapter 13 case. (Bankr. N.D. Ga.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.

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Consumer opinion summary, case decided on January 06, 2020 , LexisNexis #0220-027

Hrn Group, In re

Ruling
Court's legal error in lifting stay did not justify recusal. (Bankr. N.D. Ga.)
Issue(s)
Disqualification of Justice, Judge, or Magistrate Judge.

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Commercial opinion summary, case decided on November 13, 2019 , LexisNexis #1219-096

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.)
Issue(s)
Post-petition Transactions.

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Consumer opinion 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.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on June 03, 2019 , LexisNexis #0819-031