Southern District

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

In re Investors Lending Group LLC

Law firm that represented Official Committee of Unsecured Creditors (the Committee) in a chapter 11 case filed an application for attorneys' fees. The Committee raised an objection to the fee application.
Ruling: 
Fee application of attorney for official committee of secured creditors approved as reasonable over committee's objection.
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Commercial case opionion summary, case decided on July 08,2013, LexisNexis #0813-074

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

In re Mixon

A debtor filed a motion for relief from stay under 11 U.S.C.S. § 362(d) in order to pursue a state law case against a judgment creditor to determine the amount of her debt and whether the judgment was proper.
Ruling: 
Debtor denied relief from stay to pursue state court action against creditor that would interfere with bankruptcy.
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Consumer case opionion summary, case decided on June 10,2013, LexisNexis #0713-078

Tipsy McStumbles LLC v. Griffin (In re Griffin)

Creditors filed an adversary complaint for a judgment that a monetary sanction owed by defendant debtor under a contempt judgment entered by a federal district court (FDC) based on debtor's conduct in violating a preliminary injunction (PI) was nondischargeable in debtor's chapter 7 per 11 U.S.C.S. § 523(a)(7).
Ruling: 
Contempt sanction was not payable to governmental unit and was dischargeable.
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Consumer case opionion summary, case decided on May 10,2013, LexisNexis #0613-054

In re Chatham Parkway Self Storage LLC

Debtor Georgia limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting self-storage units as a debtor-in- possession. The debtor asked the court for permission to use cash collateral it pledged to a bank to pay attorneys' fees and fees charged by its financial advisor, pursuant to 11 U.S.C.S. § 363. The bank opposed the debtor's motion.
Ruling: 
Single asset real estate debtor could use cash collateral to pay fees of attorneys and financial advisor.
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Commercial case opionion summary, case decided on April 25,2013, LexisNexis #0613-043

In re Hardigan

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and the United States Trustee ("UST") and a bank filed motions seeking an order under 11 U.S.C.S. § 707(b)(3)(B) which converted the debtor's case to one under chapter 11 of the Bankruptcy Code or dismissed the case. The court denied the UST's and the bank's motion for summary judgment and held a hearing on the motions.
Ruling: 
Conversion or dismissal denied where debtor's income was insufficient to support a chapter 11 plan.
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Consumer case opionion summary, case decided on March 29,2013, LexisNexis #0513-130

In re Oliver

Before the court was a pro se motion to waive the credit counseling requirement filed by debtor. The motion asserted that because of debtor's "incapacity" and "disability" the court should waive the requirement that he obtain credit counseling.
Ruling: 
Case dismissed due to failure to meet credit counseling requirement or show attempt to comply, disability or incapacity.
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Consumer case opionion summary, case decided on March 25,2013, LexisNexis #0413-071

In re Davis

The United States Trustee (UST) filed a motion to dismiss pursuant to 11 U.S.C.S. § 707(b) seeking dismissal of a case converted from chapter 13 to chapter 7 based upon the presumption of abuse under 11 U.S.C.S. §707(b)(2) or in the alternative, seeking dismissal for bad faith under 11 U.S.C.S. § 707(b)(3).
Ruling: 
Section 707(b) applies to cases converted to chapter 7.
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Consumer case opionion summary, case decided on March 22,2013, LexisNexis #0413-131

In re Castleberry

Before the court was a motion for turnover filed by debtor seeking an order requiring the chapter 13 trustee to turnover non-exempt insurance proceeds acquired post-confirmation due to an automobile accident.
Ruling: 
Postconfirmation, nonexempt insurance proceeds for property damage were not property of the estate and could be turned over to debtor.
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Consumer case opionion summary, case decided on March 15,2013, LexisNexis #0413-102

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