Southern District

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

Champion, In re

Ruling: 
U.S. Trustee's motion to dismiss was denied as untimely as court would not enlarge thedeadline in this case to file § 707 motions absent excusable neglect. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 28,2019, LexisNexis #0519-089

A & B Assocs., L.P., In re

Ruling: 
Confirmation denied as amended plan did not have a reasonable probability of success.(Bankr. S.D. Ga.)
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Commercial case opionion summary, case decided on March 29,2019, LexisNexis #0519-094

A & B Assocs., L.P., In re

Ruling: 
Court held that debtor was a limited partnership under the laws of Georgia and that it waseligible to seek reorganization in the chapter 11 bankruptcy case as they elected to continuethe limited partnership notwithstanding any dissolution. (Bankr. S.D. Ga.)
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Commercial case opionion summary, case decided on September 26,2018, LexisNexis #1118-003

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