Southern District

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

Moore, In re--Ga. United Credit Union v. Moore

Ruling: 
Debtor's motion for stay pending appeal was denied as debtor failed to show a substantiallikelihood that she would prevail on the merits of the appeal and that a stay would cause nosubstantial harm to the creditor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 27,2020, LexisNexis #1020-023

Richardson, In re

Ruling: 
Bankruptcy court granted creditor from the automatic stay to collect the insurance proceeds ondebtor’s totaled vehicle where the redemption period had expired. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 20,2020, LexisNexis #0920-079

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

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