Judge Hagenau

Watts v. MTC Dev. LLC (In re Palisades at W. Paces Imaging Ctr. LLC)

Ruling: 
Payments to insider while debtor was insolvent were avoidable as fraudulent.
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Commercial case opionion summary, case decided on November 13,2013, LexisNexis #1213-088

Gordon v. Ameritrust Mortg. Co. LLC (In re Nesbitt)

Ruling: 
Security interest could be avoided where improperly executed and recorded.
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Consumer case opionion summary, case decided on September 13,2013, LexisNexis #1013-053

Underwood v. Britt & Sons Elec. Wholesale Inc. (In re Underwood)

Ruling: 
Counterclaim of unscheduled creditor in dischargeability proceeding was time barred as filed more than one year after debtor's discharge.
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Consumer case opionion summary, case decided on August 15,2013, LexisNexis #0913-127

American Express Centurion Bank v. McGloster (In re McGloster)

Plaintiff creditor, a bank that had issued defendant debtor a credit card, filed a complaint to determine the dischargeability of certain credit card debt related to the debtor's account. After the clerk entered a default, pursuant to Fed. R. Bankr. P. 7055, the creditor moved for default judgment that its claim in a certain amount plus attorneys' fees was non-dischargeable under 11 U.S.C.S. § 523(a)(2)(A). The debtor did not opposed the motion.
Ruling: 
Use of credit card alone did not constitute false pretenses that would allow default judgment of nondischargeability.
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Consumer case opionion summary, case decided on April 30,2013, LexisNexis #0713-046

Francis v. Scorpion Group LLC (In re Francis)

At issue was what right the chapter 13 debtor retained to pay to the amount of a lien the purchaser of a tax deed for her real property held under Georgia law. The tax deed purchaser moved for relief from the automatic stay, and the debtor moved to re-impose the stay.
Ruling: 
Debtor could still exercise expired right of redemption pursuant to confirmed chapter 13 plan.
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Consumer case opionion summary, case decided on March 13,2012, LexisNexis #0413-027

In re Gordon

Movant judgment creditor filed a motion pursuant to 11 U.S.C.S. § 706(b) to convert debtor's chapter 7 case to a case under chapter 11.
Ruling: 
Conversion of individual chapter 11 case to chapter 7 in best interests of creditors and estate did not violate the Thirteenth Amendment of Anti-Peonage Act.
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Consumer case opionion summary, case decided on January 23,2012, LexisNexis #0212-131

Trauner v. Burrowes (In re Burrowes)

Plaintiff Chapter 7 trustee sought entry of a default judgment against defendant debtor denying the debtor his discharge under 11 U.S.C.S. § 727.
Ruling: 
Failure to produce documents in response to Rule 2004 order was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on October 13,2011, LexisNexis #1111-093

Pollitt v. McClelland (In re McClelland)

This matter was tried before the court on plaintiff creditor's complaint to determine dischargeability against defendant debtor wife. Pursuant to the pre-trial order, the grounds for dischargeability were limited to 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), (a)(4).
Ruling: 
Debt was nondischargeable due to debtor's fraudulent misappropriation and conversion of funds.
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Consumer case opionion summary, case decided on June 08,2011, LexisNexis #0711-047

Schrader v. Yi (In re Yi)

Plaintiff investor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor owed her a debt that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(2)(B), and (a)(4). The debtor filed a motion for summary judgment.
Ruling: 
Debtor entitled to summary judgment on issue of nondischargeability on grounds of written misrepresentation and fiduciary defalcation.
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Consumer case opionion summary, case decided on April 04,2011, LexisNexis #0511-013

Ogier v. Steele (In re Buckhead Oil Co.)

Chapter 7 trustee filed a motion for partial summary judgment in her action against defendants, seeking the disallowance of four of defendants' claims.
Ruling: 
Claims by guarantors disallowed due to waiver of bankruptcy claims in agreement with debtor.
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Commercial case opionion summary, case decided on March 21,2011, LexisNexis #0711-008

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