- 11 U.S.C.
Miles v. Capital One Auto Fin. (In re Miles)
Jan
15
2015
Ruling
Late-filed motion to redeem motor vehicle granted where creditor had not acted to reaffirm its debt.
Issue(s)
Could debtor's motion to redeem property, filed outside of timelines specified by the Bankruptcy Code, be granted?
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Court
:
- 11 U.S.C.
Briggs v. United States (In re Briggs)
Jun
09
2014
Ruling
Taxes due within three years of petition date were nondischargeable but taxes for earlier year in which debtor made good faith, but late attempt to file were dischargeable.
Issue(s)
Whether a tax return filed after the IRS has assessed the debt for the year in question qualifies as a "return?"
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Court
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Hot Shot Kids Inc. v. Pervis (In re Pervis)
May
29
2014
Ruling
Debt for fraud and conversion was nondischargeable.
Issue(s)
Were debtor's conversion of funds of child talent business and tortious interference with the business grounds for nondischargeable debt?
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Court
:
In re Ambrose
Apr
11
2014
Ruling
Debtor could reopen case to seek recovery against member of LLC as benefit to unsecured creditors would outweigh any bad faith on part of debtor.
Issue(s)
Could debtor reopen case to seek recovery from member of LLC despite alleged bad faith.
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In re Northlack Hotels Inc.
Apr
03
2014
Ruling
Creditor's amended claim including postpetition attorneys' fees disallowed as not covered by reservation in original proof of claim.
Issue(s)
Could creditor be allowed an amended claim including postpetition attorneys' fees and costs not covered in its initial proof of claim?
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Court
:
- 11 U.S.C.
Tenet South Fulton Inc.
Jan
27
2014
Ruling
Attorneys' fees awarded in case in which debtor doctor was found to have acted in bad faith under relocation agreement with medical center was nondischargeable.
Issue(s)
Whether award of attorneys' fees to medical center in case over debtor surgeon's failure to comply with terms of relocation agreement was nondischargeable?
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Court
:
- 11 U.S.C.
Gordon v. Wells Fargo Bank (In re Knight)
Jan
14
2014
Ruling
Improperly executed and recorded security deed was avoidable.
Issue(s)
Was deed improperly executed and recorded under state law avoidable.
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Court
:
- 11 U.S.C.
Watts v. MTC Dev. LLC (In re Palisades at W. Paces Imaging Ctr. LLC)
Nov
13
2013
Ruling
Payments to insider while debtor was insolvent were avoidable as fraudulent.
Issue(s)
Were transfers made to insiders on account of antecedent debts while debtor was insolvent and therefore avoidable?
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Court
:
- 11 U.S.C.
Gordon v. Ameritrust Mortg. Co. LLC (In re Nesbitt)
Sep
13
2013
Ruling
Security interest could be avoided where improperly executed and recorded.
Issue(s)
Whether a bankruptcy trustee was entitled to avoid a security interest because a security deed did not contain a signature of an unofficial witness.
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Court
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Underwood v. Britt & Sons Elec. Wholesale Inc. (In re Underwood)
Aug
15
2013
Ruling
Counterclaim of unscheduled creditor in dischargeability proceeding was time barred as filed more than one year after debtor's discharge.
Issue(s)
Whether a creditor's counterclaim seeking revocation of a chapter 7 debtor's discharge under 11 U.S.C.S. § 727(d)(1) was time-barred because it filed more than one year after the debtor received his discharge.
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