- 11 U.S.C.
Hall, In re--Brennan v. Hall
Sep
23
2022
Ruling
Debt was dischargeable where creditor was aware of debtor's qualifications at the time of hireand debtor's failure to obtain permits did not reflect a knowing misrepresentation even if itmight have been a breach of contract. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Westech Capital Corp., In re--Milligan v. Greenberg Traurig, LLP
Jul
22
2022
Ruling
Withdrawal of reference was not necessary at the stage of the proceeding as the bankruptcycourt could handle all pretrial and discovery matters, which could considerably expedite thelitigation for the district court. (Bankr. W.D. Tex.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
White, In re--White v. NewRez LLC
Jul
19
2022
Ruling
Secured creditor whose claim was bifurcated no longer enjoys benefit of its original contractwith debtor and provisions of a confirmed plan bind debtor and creditor. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
- 11 U.S.C.
Wc Met Ctr., In re
Jul
15
2022
Ruling
Trustee was awarded interim compensation for disbursements made as the case was convertedfrom a Chapter 11 to Chapter 7. (Bankr. W.D. Tex.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
McGuire, In re
Jun
24
2022
Ruling
Inheritance could not be claimed as exempt as the wildcard exemption could have been usedto protect any kind of property up to a certain amount and the inheritance was not one of theexceptions listed in § 522(c). (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Defazio, In re--Presbyterian Home for Cent. NY, Inc. v. Defazio
Jun
23
2022
Ruling
Debt was dischargeable as the debtor did not have knowledge of the improper nature of herpurported fiduciary behavior. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
- 11 U.S.C.
Taylor, In re
Mar
31
2022
Ruling
Debt was nondischargeable where plaintiffs proved that debtor made a false representationwith intent to deceive them and that plaintiffs sustained a loss as a result of the falserepresentation. (Bankr. S.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Lariscey, In re--Lariscey v. MEB Loan Trust II
Mar
15
2022
Ruling
Debtor was not entitled to summary judgment in stay violation proceeding where debtor'sright of redemption in the subject property terminated pre-petition. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Scope.
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Court
:
- 11 U.S.C.
Smith, In re--Smith v. Meredith
Feb
23
2022
Ruling
Court exercised its discretion to require attorney to disgorge his fees and expenses inconnection with the settlement as he failed to comply with the applicable provisions of thebankruptcy code and rules. (Bankr. S.D. Ga.)
Issue(s)
Power of Court.
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Hamilton, In re--TitleMax of Ga., Inc. v. Hamilton
Jan
13
2022
Ruling
Creditor's motion for relief from the automatic stay seeking permission to repossess a vehiclewas granted as nothing in the bankruptcy code permitted a Chapter 13 debtor to modify a titlepawn contract under state law. (Bankr. S.D. Ga.)
Issue(s)
Extension of Time; Performance of Certain Acts by Trustee.
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Court
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