Southern District

Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC

Ruling: 
Landlord's complaint for damages was denied as the lease was rejected and could not havebeen assigned or transferred to defendant under the asset purchase agreement. (Bankr. S.D.Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-079

Landon, In re--Selma Dev., LLC v. Landon

Ruling: 
Debt was dischargeable where creditor's contention that debtor acted willfully, maliciously,or fraudulently was without merit. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-088

Benzicron, In re--Baker v. Benzicron

Ruling: 
Creditor was denied summary judgment as nothing in the settlement agreement reflected anagreement that debtor would be precluded from discharging this debt. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 18,2020, LexisNexis #0520-032

Polk, In re

Ruling: 
Creditor failed to carry its burden of proof that its claim was nondischargeable as creditorfailed to prove that debtor intentionally made a misrepresentation regarding solvency. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-009

Simmons, In re

Ruling: 
Debtors' failure to pay post-petition mortgage payments did not warrant dismissal ofbankruptcy case as they were not payments under the confirmed plan. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-099

Johnson, In re--Johnson v. North Mill Credit

Ruling: 
Creditor did not violate the automatic stay in repossessing a truck that belonged to acorporation that was a separate and distinct legal entity from debtor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-077

Lewis, In re

Ruling: 
Refiling within 180 days from voluntary dismissal was barred and could not preventforeclosure agreed to in initial case. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 24,2019, LexisNexis #1119-052

Blige, In re

Ruling: 
Debtor's Chapter 13 case was dismissed for misrepresentations that constituted an abuse of theprovisions, purpose, and spirit of the Bankruptcy Code. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-069

Thorpe, In re

Ruling: 
Automatic stay did not apply to pawnbroker as debtor filed her case one day before theredemption period for a title pawn transaction expired. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 29,2019, LexisNexis #0519-076

Grimm, In re--PIP-Grp., LLC v. Grimm

Ruling: 
Complaint failed to state a claim for embezzlement as creditor never entrusted its money todebtor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2019, LexisNexis #0519-082

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