Rahien NaySaun Little, In re
Dec
19
2024
Ruling
Only the Chapter 7 trustee has standing to bring a turnover action for nonexempt property of the estate. (Bankr. D.S.C.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Court
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Gibson, In re--Townson v. Sheppard
Mar
27
2024
Ruling
Attorney and law firm were properly sanctioned due to inadequate disclosures. (Bankr. S.D.Ga.)
Issue(s)
Debtor’s Transactions with Attorneys; Attorney Must File Statement of Compensation.
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Court
:
- 11 U.S.C.
Johnson, In re
Dec
26
2023
Ruling
Debtor's request to seal court records was denied as he failed to show good cause to overcomethe presumption in favor of public access. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Exemption.
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Court
:
Callier, In re
Sep
29
2023
Ruling
Motion to dismiss for bad faith denied as last payment shown on the debtor's credit reportwas made more than six months before the creditor's collection letter and two-and-a-half yearsbefore the bankruptcy filing. (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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Court
:
Williams, In re
Aug
23
2023
Ruling
Debtor's failure to properly disclose her assets at the onset of her Chapter 7 bankruptcyconstituted bad faith and she was not entitled to convert to a Chapter 13. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
- 11 U.S.C.
Knight, In re--Knight v. People's Bank
Mar
30
2023
Ruling
Creditor's collection efforts violated the discharge injunction but did not rise to a level that would justify sanctions. (Bankr. S.D. Ga.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Bryant, In re
Mar
29
2023
Ruling
Six-time debtor could not be declared a serial filer where four of five previous plans were confirmed and debtor abided by orders of the court. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Dismissal by Court for Failure to Appear or Prosecute.
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Court
:
- 11 U.S.C.
Mazloom, In re--Mazloom v. Navient Sols., LLC
Jan
26
2023
Ruling
Private student loan was incurred to cover qualified education expenses of the debtor and soconstituted a nondischargeable debt. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
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Arabella Petroleum Co., LLC, In re--Weiss v. Arabella Exploration Inc.
Dec
22
2022
Ruling
Transfers to corporation for an antecedent debt were not constructively fraudulent, buttransfers to owner for less than equivalent value could be recovered by trustee as actualfraudulent transfers. (Bankr. W.D. Tex.)
Issue(s)
Fraudulent Transfers and Obligations; Elements Of Fraudulent Transfers.
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Court
:
Schwartz, In re--Schwartz v. Dep't of the Treasury/Internal Serv.
Sep
29
2022
Ruling
The IRS's participation in and debtor's fulfillment of the terms of the confirmed plan did notpreclude the IRS from pursuing the remaining balance of debt post discharge. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
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