Judge Dalis

Reed v. Reed (In re Reed)

Ruling: 
False certification of currency of child support payment was grounds for denial of discharge and refiling bar.
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Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-032

Gordy v. Stafford (In re Gordy)

Ruling: 
Motion for sanctions dismissed where corresponding adversary proceeding was voluntarily dismissed but debtor was still subjected to sanctions by court due to conduct.
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Consumer case opionion summary, case decided on October 01,2013, LexisNexis #1013-105

Overstreet v. Ricks (In re Ricks)

Ruling: 
Debtor ordered to turn over non-exempt cash in checking account due to cluster of prepetition withdrawals.
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Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0913-087

Flowers v. Flowers (In re Flowers)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(5). In denying her first motion for summary judgment, the court gave the parties an opportunity to address dischargeability under § 523(a)(15). Instead of responding, the creditor filed a second motion for summary judgment, contending that the debt was nondischargeable under § 523(a)(15).
Ruling: 
Debt that debtor admitted was owed in connection with divorce was nondischargeable.
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Consumer case opionion summary, case decided on June 19,2013, LexisNexis #0713-055

Gordy v. Stafford (In re Gordy)

Chapter 7 debtor filed a complaint against defendant, an attorney who represented his ex-wife in a divorce proceeding, alleging that she violated the automatic stay, 11 U.S.C.S. § 362, in connection with a contempt action against him in state court. The debtor amended his complaint to join his ex-wife as a defendant. His ex-wife moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012.
Ruling: 
Debtor's former spouse was not liable for alleged stay violations by divorce attorney.
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Consumer case opionion summary, case decided on March 12,2013, LexisNexis #0413-075

Meredith v. Roberts (In re Roberts)

Debtor filed a petition under chapter 7 of the Bankruptcy Code in 2011, and after his case was converted to one under chapter 13 of the Bankruptcy Code, the court confirmed the debtor's chapter 13 plan. The chapter 13 trustee moved for an order dismissing the debtor's case after he learned that the debtor failed to disclose approximately $20,000 in income that was earned by his wife. The court held a hearing on the trustee's motion.
Ruling: 
Chapter 13 case dismissed with prejudice due to debtor's failure to disclose spouse's income.
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Consumer case opionion summary, case decided on January 24,2013, LexisNexis #0313-100

Movant v. Thornton (In re Thornton)

The U.S. Trustee filed a motion to dismiss a joint debtor pursuant to 11 U.S.C.S. § 707(a) on the grounds that he was not eligible to receive a discharge under 11 U.S.C.S. § 727(a)(8).
Ruling: 
Ineligibility of debtor for discharge did not mandate dismissal.
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Consumer case opionion summary, case decided on July 12,2012, LexisNexis #0812-058

Best v. GMAC Mortg. LLC (In re Best)

This matter was before the court on a Fed. R. Civ. P. 56 motion for summary judgment filed by defendant creditor brought after the conclusion of discovery in this adversary proceeding to determine the validity, priority, or extent of a lien, whereby plaintiff debtor sought to void, or "strip off," the creditor's lien against certain real property.
Ruling: 
Lien was not stripped off at confirmation, plan completion or discharge where debtor did not establish the lien was wholly unsecured.
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Consumer case opionion summary, case decided on July 05,2012, LexisNexis #0912-098

United States v. Hospital Auth. Of Charlton County (In re Hospital Authority of Charlton County)

United States Trustee filed a motion to dismiss the chapter 9 case of debtor, the Hospital Authority of Charlton County, Georgia. The debtor moved to convert from chapter 9 to chapter 11.
Ruling: 
Chapter 9 case dismissed where debtor's filing had not been authorized by state.
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Commercial case opionion summary, case decided on July 03,2012, LexisNexis #0712-107

Durden Banking Co. v. McKinney (In re McKinney)

Plaintiff creditor filed a complaint against defendant debtors, a husband and wife, claiming that the debt the debtors owed was excepted from discharge under 11 U.S.C. § 523(a)(4) and § 523(a)(6), and that the debtors should be denied a discharge under 11 U.S.C. § 727(a)(2), (a)(3), (a)(4)(A), (a)(4)(D), (a)(5), and (a)(7).
Ruling: 
Discharge denied due to false testimony at §341 meeting and other omissions and misrepresentations.
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Consumer case opionion summary, case decided on March 05,2012, LexisNexis #0512-092

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