Judge Barrett

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

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

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

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

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

O'Reilly, In re--Beveridge v. Vidunas

Ruling: 
Post-confirmation modification denied for lack of unanticipated change in circumstances.(Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 18,2019, LexisNexis #0519-047

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