Feb
09
2023
Heaven's Landing, LLC, In re
Ruling:
Debtor's fourth amended plan of reorganization, in which the debtor proposed to pay all of its creditors in cash in full on the effective date of the plan and preserve the equity interests, was confirmed as modified. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on February 09,2023, LexisNexis #0423-041
Aug
05
2019
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
Jun
17
2017
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
May
15
2018
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
Oct
06
2017
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
Apr
10
2017
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
Jan
30
2017
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
Dec
19
2016
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
Dec
26
2016
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
Dec
09
2016
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
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