Southern District

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

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

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

Durango Ga. Paper Co., In re

Ruling: 
Creditor's application for administrative expense claim was denied because it was clear thatthe services were performed on behalf of the creditor or its affiliate rather than the estate.(Bankr. S.D. Ga.)
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Commercial case opionion summary, case decided on March 31,2021, LexisNexis #0521-060

Abundant Life Worship Ctr. of Hinesvill, GA, Inc., In re

Ruling: 
Motion to confirm no stay was in effect granted as debtor had a previous small business casedismissed within two years prior to the filing. (Bankr. S.D. Ga.)
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Commercial case opionion summary, case decided on December 16,2020, LexisNexis #0121-077

Gastwirth, In re

Ruling: 
Debtor's motion to reconsider was granted as debtor was not afforded a meaningfulopportunity to respond to the creditor's motion to extend time to object to discharge. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-99

Matthews, In re

Ruling: 
Court determined that the Till interest rate was the appropriate rate to satisfy the valuationrequirement when an above median debtor opts to pay his unsecured claims in full over timewithout devoting all of his disposable income to his Chapter 13 plan. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-049

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