Southern District

Johnson, In re

Ruling: 
Debtor's request to seal court records was denied as he failed to show good cause to overcomethe presumption in favor of public access. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2023, LexisNexis #0224-076

Callier, In re

Ruling: 
Motion to dismiss for bad faith denied as last payment shown on the debtor's credit reportwas made more than six months before the creditor's collection letter and two-and-a-half yearsbefore the bankruptcy filing. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 29,2023, LexisNexis #1223-012

Williams, In re

Ruling: 
Debtor's failure to properly disclose her assets at the onset of her Chapter 7 bankruptcyconstituted bad faith and she was not entitled to convert to a Chapter 13. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 23,2023, LexisNexis #1023-043

Knight, In re--Knight v. People's Bank

Ruling: 
Creditor's collection efforts violated the discharge injunction but did not rise to a level that would justify sanctions. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 30,2023, LexisNexis #0523-090

Bryant, In re

Ruling: 
Six-time debtor could not be declared a serial filer where four of five previous plans were confirmed and debtor abided by orders of the court. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 29,2023, LexisNexis #0523-079

Schwartz, In re--Schwartz v. Dep't of the Treasury/Internal Serv.

Ruling: 
The IRS's participation in and debtor's fulfillment of the terms of the confirmed plan did notpreclude the IRS from pursuing the remaining balance of debt post discharge. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 29,2022, LexisNexis #1222-094

White, In re--White v. NewRez LLC

Ruling: 
Secured creditor whose claim was bifurcated no longer enjoys benefit of its original contractwith debtor and provisions of a confirmed plan bind debtor and creditor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2022, LexisNexis #0922-019

Taylor, In re

Ruling: 
Debt was nondischargeable where plaintiffs proved that debtor made a false representationwith intent to deceive them and that plaintiffs sustained a loss as a result of the falserepresentation. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2022, LexisNexis #0522-085

Lariscey, In re--Lariscey v. MEB Loan Trust II

Ruling: 
Debtor was not entitled to summary judgment in stay violation proceeding where debtor'sright of redemption in the subject property terminated pre-petition. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 15,2022, LexisNexis #0522-031

Smith, In re--Smith v. Meredith

Ruling: 
Court exercised its discretion to require attorney to disgorge his fees and expenses inconnection with the settlement as he failed to comply with the applicable provisions of thebankruptcy code and rules. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-027

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