Judge Dalis

Arch Ins. Co. v. Spivey (In re Spivey)

Creditors sought entry of an order for relief under chapter 7 against the involuntary debtor. The involuntary debtor denied there were grounds for relief under 11 U.S.C.S. § 303(h), and moved that the petition be dismissed.
Ruling: 
Involuntary petition was proper where debtor failed to make payment on 90 percent of total debt held by petitioning creditors.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0211-001

In re Young

A debtor filed an application for waiver of the chapter 7 filing fee pursuant to 28 U.S.C.S. § 1930(f)(1). During a hearing, the chapter 7 trustee orally objected to the application on the basis of a $ 2,000 bank account balance that the debtor listed in her application and claimed as exempt on her Schedule C.
Ruling: 
Wavier of fees denied to debtor who was below income requirement but was able to pay in installments.
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Consumer case opionion summary, case decided on December 10,2010, LexisNexis #0211-032

In re Sea Island Co.

Chapter 11 debtors filed an unopposed application under 11 U.S.C.S. § 327 for the authority to retain a law firm as co-counsel to the debtors nunc pro tunc to the petition date.
Ruling: 
Retention of law firm to represent debtor nunc pro tunc approved provided firm established screen for individual lawyers who were creditors.
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Commercial case opionion summary, case decided on September 20,2010, LexisNexis #1210-071

PrimeSouth Bank v. Johnson (In re Johnson)

Plaintiff creditor sought relief from the automatic stay of 11 U.S.C.S. § 362(a) to allow it to pursue in state court claims arising under Georgia law against defendant, a chapter 7 debtor, and to involve the debtor in discovery proceedings in those claims. The creditor also requested that, pursuant to 28 U.S.C.S. § 1334(c)(1), the court abstain from proceeding on the adversary proceeding to determine the dischargeability of certain debts.
Ruling: 
Bankruptcy court abstained from state law action against debtor auto dealer and granted relief from stay to allow discovery to proceed.
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Consumer case opionion summary, case decided on May 25,2010, LexisNexis #0910-006

Georgia Heritage Assocs. LP v. Westfields Apts. LLC (In re Westfields Apts. LLC)

Debtor in possession sought to confirm its chapter 11 plan. Creditor, a party with whom the debtor had contracted for the sale of an apartment building, filed an objection to the plan.
Ruling: 
Confirmation denied where plan proposed assumption of contract for sale of apartment building that debtor had allowed to terminate.
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Commercial case opionion summary, case decided on April 27,2010, LexisNexis #0910-010

Branch Banking & Trust Co. v. Coffia (In re Coffia)

A creditor filed an objection to confirmation of the chapter 13 debtors' plan on the grounds that it provided for the surrender of real property in full satisfaction of the creditor's secured claim under 11 U.S.C.S. § 1325(a)(5)(C) without providing the creditor recourse to pursue any deficiency.
Ruling: 
Plan confirmed over creditor's objection with regard to ability to pursue deficiency.
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Consumer case opionion summary, case decided on March 23,2010, LexisNexis #0810-066

Seraphin v. Morris Publishing Group LLC (In re Morris Publishing Group LLC)

In chapter 11 debtors' consolidated bankruptcy case, movant activists filed a motion to intervene that was taken as an objection to confirmation of the chapter 11 plan.
Ruling: 
Activist subscribers' "motion to intervene" in debtor newspaper operator's case treated as objection to confirmation as they were not parties in interest and lacked both a direct relationship with debtor and standing.
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Commercial case opionion summary, case decided on February 10,2010, LexisNexis #0410-132

First Franklin Fin. v. Yawn (In re Yawn)

Plaintiff creditor filed an objection to confirmation of defendant chapter 13 debtor's plan. The creditor objected to the debtor's stated intention to utilize 11 U.S.C.S. § 522(f) to avoid the creditor's lien against certain items of property that the debtor claimed as exempt under O.C.G.A. § 44-13-100(a)(4).
Ruling: 
Liens against personal property avoided as impairing exemption to the extent the items were "household goods" under state law.
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Consumer case opionion summary, case decided on February 05,2010, LexisNexis #0410-118

Arizona Fed. Credit Union v. DeSalvo (In re DeSalvo)

This matter came before the court on movant creditor's Motion for Relief from Automatic Stay. The creditor sought relief from stay as to a vehicle in respondent debtors' possession. The Chapter 7 trustee was also a respondent.
Ruling: 
Relief from stay could not be granted until court determined if creditor had a purchase money security interest of if stay had already terminated.
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Consumer case opionion summary, case decided on November 16,2009, LexisNexis #0310-040

In re Hedge

Creditor filed an objection to confirmation of the debtors' proposed chapter 13 plan. The issues were: (1) whether Department of Veterans Affairs (VA) disability payments were included in disposable income; (2) whether the debtors take the transportation/ownership expense deduction for a second vehicle which was owned free and clear of liens; and (3) the proper calculation of "projected disposable income" purposes of 11 U.S.C.S. §1325(b)(1)(B).
Ruling: 
Veterans association disability payments qualified as "current monthly income."
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1208-027

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