Aug
23
2023
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
Mar
30
2023
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
Mar
29
2023
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
Sep
29
2022
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
Jul
19
2022
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
Mar
31
2022
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
Mar
15
2022
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
Feb
23
2022
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
Jan
13
2022
Hamilton, In re--TitleMax of Ga., Inc. v. Hamilton
Ruling:
Creditor's motion for relief from the automatic stay seeking permission to repossess a vehiclewas granted as nothing in the bankruptcy code permitted a Chapter 13 debtor to modify a titlepawn contract under state law. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on January 13,2022, LexisNexis #0322-001
Jul
15
2021
Burnsed, In re--Meredith v. BMW Fin. Servs. NA, LLC
Ruling:
Chapter 13 trustee's claim objection overruled where debtors' surrender of the vehiclesatisfied creditor's secured claim, and creditor properly filed proof of its deficiency claimpursuant to the modified plan. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on July 15,2021, LexisNexis #0921-023
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