Southern District

Rayonier Wood Prods. LLC v. ScanWare Inc.

Appellee wood product company sought damages for breach of contract against appellees, debtor and one of its minority owners, in state court. Debtor subsequently petitioned for bankruptcy in Oregon, the owner then removed the state court action to bankruptcy court in Georgia, and the company moved that court to remand and/or abstain. The Georgia bankruptcy court granted the company's motion and the owner appealed that decision.
Ruling: 
Bankruptcy court properly remanded breach of contract action.
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Commercial case opionion summary, case decided on November 30,2009, LexisNexis #1209-097

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

Smith v. Regions Bank

Plaintiffs, debtors, filed a motion to reconsider the bankruptcy court's decision granting defendants, bank and the mortgage company, stay relief, and to impose an injunction or restraining order to prevent the bank and the mortgage company from selling the property. As such, the court treated the debtors' filing as a request to withdraw the reference to the bankruptcy court and as a request for injunctive relief.
Ruling: 
Motion to withdraw reference of core proceeding denied in interests of uniformity and judicial economy.
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Consumer case opionion summary, case decided on November 06,2009, LexisNexis #1209-026

In re Janice Banks

In a chapter 7 bankruptcy case, the United States Trustee (UST) filed a motion to dismiss the petition as an abuse under 11 U.S.C.S. § 707(b).
Ruling: 
Case ordered converted or dismissed where above median debtor had made no non- bankruptcy efforts to remedy Small Business Association loan debt.
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Commercial case opionion summary, case decided on September 04,2009, LexisNexis #1009-024

Williamson v. Office of the United States Trustee

Debtor challenged the bankruptcy court for the Southern District of Georgia's decision to grant appellee United States Trustee's 11 U.S.C.S. § 1208(d) motion to convert his chapter 12 case to chapter 7, and its contemporaneous denial of the debtor's 11 U.S.C.S. § 1208(b) motion to dismiss the case.
Ruling: 
Conversion from chapter 12 to chapter 7 affirmed.
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Consumer case opionion summary, case decided on March 04,2009, LexisNexis #0409-089

Vasquez v. Georgia Dept of Human Res. Office of Child Support Servs.

Appellant debtor sought review of a decision of a bankruptcy court, which denied the debtor's motion to stop the garnishment of the debtor's wages by appellee the Georgia Department of Human Resources, Office of Child Support Services (State).
Ruling: 
Bankruptcy court erred in assuming wage granishment by state was related to a valid domestic support obligation.
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Consumer case opionion summary, case decided on September 30,2008, LexisNexis #1008-111

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

In re Molitor

The United States Trustee filed a motion to dismiss the debtor's chapter 7 bankruptcy petition, based upon the presumption of abuse under 11 U.S.C.S. § 707(b)(2) and the totality of the circumstances under 11 U.S.C.S. § 707(b)(3). The Trustee filed a motion for extension of time to file a motion to dismiss pursuant to Interim Fed. R. Bankr. P. 1017(e)(1) and 4004(a) regarding potential 11 U.S.C.S. §§ 707(b) and 727 claims.
Ruling: 
Trustee's last minute request for extension of time to file additional motion to dismiss denied.
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Consumer case opionion summary, case decided on September 05,2008, LexisNexis #1208-120

Thompson v. Quarles

Plaintiffs, an injured party and her husband, filed the case against defendants, a driver and his employer, asserting personal injury and loss of consortium claims as a result of a motor vehicle collision. Before the court was defendants'motion for summary judgment.
Ruling: 
Tort claim arising postpetition but preconfirmation was property of the estate but not subject to dismissal for debtors'failure to amend schedules.
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Consumer case opionion summary, case decided on July 16,2008, LexisNexis #1008-099

In re Kelton

A chapter 13 debtor filed a motion to strike an auditor's report, which had been prepared pursuant to § 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, § 603, 119 Stat. 23, 122 (2005), and 28 U.S.C.S. § 586(f). The United States Trustee filed a motion for a Fed. R. Bankr. P. 2004 examination. The debtor filed a motion for a protective order.
Ruling: 
Motion to strike auditor's report denied and Rule 2004 examination ordered.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0708-025

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