Northern District

Johnson, In re

Ruling: 
Debtor's misrepresentation that he was purchasing a vehicle for his own personal use wassufficiently material to warrant an exception from discharge. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 15,2019, LexisNexis #0519-009

Miller, In re--Miller v. New Penn Fin., LLC

Ruling: 
Trustee could assert her bona fide purchaser status defensively and object to the claims in total or as to the secured status. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 31,2017, LexisNexis #0419-080

In Cha Rim, In re

Ruling: 
Trustee's motion for entry of default judgment was granted as the allegations created a reasonable inference that debtor was insolvent at the time of the transfer. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-087

Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC

Ruling: 
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
ABI Membership is required to access the full summary of Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Respondent violated the automatic stay by placing telephone calls to the debtor and to herbrother even after notice of bankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-003

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Levy on property was not prohibited by the automatic stay as it constituted an in rem actionagainst the property itself and not an in personam action against the debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-004

Baker, In re--Franklin Fin. Corp. v. Baker

Ruling: 
Creditor's motion seeking stay relief was premature as it had not obtained a judgment against the debtor that could be executed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 12,2018, LexisNexis #1118-064

Hayes, In re--McDermott v. Hauwanga

Ruling: 
Court imposed fines on bankruptcy petition preparer as he failed to file a fee disclosure statement, filed inaccurate fee disclosures, and failed to list identifying information on motions to withdraw case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-092

Clark, In re--Batanado v. Clark

Ruling: 
Debt deemed dischargeable as creditor knew something was afoul but continued therelationship. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 06,2018, LexisNexis #1018-070

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

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