Judge Sacca

WBY, Inc., In re

Ruling: 
Motion to modify confirmed Chapter 11 plan denied as the court could not re-insert orotherwise enforce injunctive language that was purposefully removed from the original planby the debtor. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 05,2019, LexisNexis #1019-020

Dopson, In re--Wilcox v. Dopson

Ruling: 
Debtor's motion to dismiss was granted as creditor’s first attempt to assert his rights came approximately two months after the 30-day window closed and thus, his claim was barred. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 17,2017, LexisNexis #1018-032

Davis, In re--Davis v. Nasuti

Ruling: 
Debtors' motion denied as the pre-petition insertion of a pelvic mesh sling for debtor wifewas property of the estate even though debtors did not discover the claim until after filing forbankruptcy. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 15,2018, LexisNexis #0618-077

Bavaria Yachts USA, LLLP, In re--Bavaria Yachts USA, LLLP v. Bavaria Yachtbau GmbH

Ruling: 
Debtor's state law claims were constitutionally non-core claims as they neither stemmed fromthe bankruptcy itself nor would necessarily be resolved as part of the allowance of creditor’sclaims. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on October 06,2017, LexisNexis #1117-088

Guillen, In re

Ruling: 
Confirmed plan could be modified to provide for payment of attorney's fees incurred bydebtor's counsel for legal work performed in avoiding a creditor's lien by reducing the pool tounsecured creditors by the amount of the fees allowed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 10,2017, LexisNexis #0517-082

Anzo, In re--Hurston v. Anzo

Ruling: 
Creditor's motion to reopen chapter 7 bankruptcy case denied because court found thatcreditor's request is time-barred and is not subject to tolling. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 30,2017, LexisNexis #0317-025

In re Cooper

Ruling: 
Bank's claims allowed as the loan it provided the was solely a finance transaction and not asale transaction. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 19,2016, LexisNexis #0217-025

Hurston v. Anzo (In re Anzo)

Ruling: 
Creditor's non-dischargeability complaint denied where creditor failed to check debtor'sfinancial statement inaccuracies and other red flags before renewing debtor's loan. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on December 26,2016, LexisNexis #0117-106

Moncada v. Ga. Heritage Bank (In re Moncada)

Ruling: 
Creditor held in contempt for willful violation of automatic stay where creditor failed to stopstate court from entering default judgment after receiving notice of debtor's bankruptcy.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 09,2016, LexisNexis #0117-041

In re Keeler

Ruling: 
Automatic stay in case filed shortly after dismissal of debtors’ prior case terminated as amatter of law absent timely extension. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 27,2016, LexisNexis #1216-067

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