Judge Massey

Rackley v. Rackley (In re Rackley)

Ruling: 
Award of attorneys' fees in custody dispute was nondischargeable.
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Consumer case opionion summary, case decided on October 17,2013, LexisNexis #0114-085

Giles v. James B. Nutter & Co. (In re Giles)

Ruling: 
Calls, letters and inspections of debtor's residence that was still subject to creditor's security interest did not violate discharge injunction.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #0114-086

Value Family Properties-West Atlanta LLC v. Harrison (In re Value Family Properties-Atlanta LLC)

Chapter 11 debtor-in-possession objected to a proof of claim filed by respondent creditor on the ground that the claim was based on an equity investment made by the creditor in the debtor and therefore, could not be an allowed unsecured claim but had to be subordinated to general unsecured claims pursuant to 11 U.S.C.S. § 510(b).
Ruling: 
Claim for equity investment in debtor subordinated to general unsecured claims.
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Commercial case opionion summary, case decided on March 29,2010, LexisNexis #0710-011

Bryant v. BAC Home Loan Servicing LP (In re Bryant)

Debtors filed an objection to a proof of a fully secured claim seeking its disallowance in its entirety on the ground that debtors intended to surrender the collateral or real property whose security interest was held by the respondent. Respondent was either the holder of the note or notes secured by the property or was the agent of that holder with respect to this bankruptcy case.
Ruling: 
Debtor's intention to surrender property securing claim is not grounds for disallowance.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0710-009

Gordon v. Wells Fargo Bank (In re Codrington)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant lender seeking to avoid the lender's lien against a bankruptcy debtor's real property, which was evidenced by a recorded security deed to the lender from the debtor, on the ground that the deed lacked attestation by a witness and was thus improperly recorded. The lender moved for summary judgment.
Ruling: 
Improperly attested mortgage could be avoided.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0210-058

Gordon v. Wells Fargo Bank (In re Hughes)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bank seeking to avoid the bank's lien against a bankruptcy debtor's real property, which was evidenced by a recorded security deed from the debtor, on the ground that the deed lacked attestation by a witness and was thus improperly recorded. The trustee and the bank cross-moved for summary judgment.
Ruling: 
Second lien identified as such did not provide sufficient notice of improperly attested first lien to prevent avoidance.
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Consumer case opionion summary, case decided on December 10,2009, LexisNexis #0210-059

In re Manning

Chapter 7 trustee filed a motion to reopen defendant debtors' bankruptcy estate and an adversary proceeding against the debtors and parties who held secured interests in the debtors' residence, seeking a determination of whether proceeds derived from the sale of the debtors' residence belonged to the debtors' bankruptcy estate.
Ruling: 
Surplus proceeds of postpetition foreclosure held pursuant to earlier lifting of stay were property of the estate.
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Consumer case opionion summary, case decided on August 31,2009, LexisNexis #1209-102

Giuliani v. Giuliani (In re Giuliani)

Chapter 13 debtor filed an adversary proceeding against defendant, his ex- wife, seeking a determination that transfers of real property he made to his ex-wife pursuant to the terms of a separation agreement that was made part of a final judgment of divorce were avoidable under 11 U.S.C.S. §§ 547 and 548. The debtor's ex-wife filed a motion to dismiss.
Ruling: 
Debtor's transfer of property to former spouse within one year of petition date pursuant to terms of separation agreement.
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Consumer case opionion summary, case decided on August 28,2009, LexisNexis #1209-092

Southwick Real Estate LLC v. Ades (In re Ades)

Movant builder, a judgment creditor, sought to dismiss respondent debtors' chapter 7 bankruptcy case pursuant to 11 U.S.C.S. § 707(b) for abuse. of discretion.
Ruling: 
Dismissal denied where creditor failed to prove debts were primarily consumer.
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Consumer case opionion summary, case decided on July 01,2009, LexisNexis #0909-095

Miller v. Hirn (In re Raymond)

In this adversary proceeding, plaintiff trustee sued to recover an alleged avoidable preference in the amount of $ 6,000. Defendant, who resided outside the Northern District of Georgia, moved to dismiss on the ground that venue was improper under 28 U.S.C.S. § 1409(b).
Ruling: 
Venue of preference proceeding was proper where debt was not consumer and transferee was an insider of debtor.
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Consumer case opionion summary, case decided on June 16,2009, LexisNexis #0909-099

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