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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.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion 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.)
Issue(s)
Automatic Stay.

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Consumer opinion 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.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary

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Consumer opinion summary, case decided on September 24, 2019 , LexisNexis #1119-052

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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on March 28, 2019 , LexisNexis #0519-089

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 27, 2019 , LexisNexis #0519-082

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

Ruling
Post-confirmation modification denied for lack of unanticipated change in circumstances.(Bankr. S.D. Ga.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on March 18, 2019 , LexisNexis #0519-047

Pate, In re

Ruling
Pleadings rejected as involuntary bankruptcy petitions as they were odious, frivolous,abusive, and intended to intimidate, harass, injure, and damage the purported debtors. (Bankr.S.D. Ga.)
Issue(s)
Involuntary Cases.

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Consumer opinion summary, case decided on May 25, 2018 , LexisNexis #0718-002

Green, In re

Ruling
Trustee's objection to confirmation was denied in part as it was not bad faith for debtor to exclude his SSI from his chapter 13 plan payments. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on March 27, 2018 , LexisNexis #0518-059

Shelnut, In re

Ruling
Application for attorney's fees denied in part for failing to timely amend application and disclosure after receiving post-petition payments. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements.

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Consumer opinion summary, case decided on October 04, 2017 , LexisNexis #1117-060

Mullis, In re

Ruling
Debtor's objection to the claim denied as policy met the definition of non-filing insurance thus, claimant was not required to include the premium as a finance charge. (Bankr. S.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers.

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Consumer opinion summary, case decided on July 26, 2017 , LexisNexis #0917-051