- 11 U.S.C.
Heaven's Landing, LLC, In re
Feb
09
2023
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.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
WBY, Inc., In re
Aug
05
2019
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.)
Issue(s)
Modification of Plan.
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Court
:
- 11 U.S.C.
Davis, In re--Davis v. Nasuti
May
15
2018
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.)
Issue(s)
Property of the Estate.
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Court
:
- 28 U.S.C.
Bavaria Yachts USA, LLLP, In re--Bavaria Yachts USA, LLLP v. Bavaria Yachtbau GmbH
Oct
06
2017
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.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings.
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Court
:
- 11 U.S.C.
Dopson, In re--Wilcox v. Dopson
Jun
17
2017
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.)
Issue(s)
Extension of Time; Actions Against Debtor; Post Stay.
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Court
:
- 11 U.S.C.
Guillen, In re
Apr
10
2017
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.)
Issue(s)
Modification of Plan After Confirmation.
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:
Anzo, In re--Hurston v. Anzo
Jan
30
2017
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.)
Issue(s)
Discharge; Time Limit on Request for Revocation.
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Court
:
- 11 U.S.C.
Hurston v. Anzo (In re Anzo)
Dec
26
2016
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
In re Cooper
Dec
19
2016
Ruling
Bank's claims allowed as the loan it provided the was solely a finance transaction and not asale transaction. (Bankr. N.D. Ga.)
Issue(s)
Objections to Claims.
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Court
:
- 11 U.S.C.
Moncada v. Ga. Heritage Bank (In re Moncada)
Dec
09
2016
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.)
Issue(s)
Automatic Stay.
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Court
: