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southern district of georgia

Burnsed, In re--Meredith v. BMW Fin. Servs. NA, LLC

Ruling
Chapter 13 trustee's claim objection overruled where debtors' surrender of the vehiclesatisfied creditor's secured claim, and creditor properly filed proof of its deficiency claimpursuant to the modified plan. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on July 15, 2021 , LexisNexis #0921-023

Champion Printing & Copying, LLC, In re--Lowe v. Phillips

Ruling
Trustee's motion for sanctions against corporate debtor denied. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Commercial opinion summary, case decided on June 09, 2021 , LexisNexis #0721-087

Hilton, In re--Hale v. Hilton

Ruling
Creditor failed to carry its burden to establish a fraudulent transfer that would justify a denialof discharge. (Bankr. W.D. Tex.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property;

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Consumer opinion summary, case decided on May 05, 2021 , LexisNexis #0621-067

Durango Ga. Paper Co., In re

Ruling
Creditor's application for administrative expense claim was denied because it was clear thatthe services were performed on behalf of the creditor or its affiliate rather than the estate.(Bankr. S.D. Ga.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate

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Commercial opinion summary, case decided on March 31, 2021 , LexisNexis #0521-060

Abundant Life Worship Ctr. of Hinesvill, GA, Inc., In re

Ruling
Motion to confirm no stay was in effect granted as debtor had a previous small business casedismissed within two years prior to the filing. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Small Business Debtors.

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Commercial opinion summary, case decided on December 16, 2020 , LexisNexis #0121-077

Jaynes, In re

Ruling
State taxing authority not subject to sanctions for seeking to collect nondischargeablerestitution debt or penalty that it reasonably thought it could collect under the discharge order.(Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on December 11, 2020 , LexisNexis #0121-086

Payack, In re

Ruling
Debtor was entitled to an order finding County liable for an automatic stay violation in theform of a real property tax delinquency notice as it constituted a post-petition demand forpayment of a pre-petition debt. (Bankr. N.D.N.Y.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on November 12, 2020 , LexisNexis #1220-083

Gastwirth, In re

Ruling
Debtor's motion to reconsider was granted as debtor was not afforded a meaningfulopportunity to respond to the creditor's motion to extend time to object to discharge. (Bankr.S.D. Ga.)
Issue(s)
Grant or Denial of Discharge; Time for Objecting to Discharge; Notice of Time Fixed.

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-99

Matthews, In re

Ruling
Court determined that the Till interest rate was the appropriate rate to satisfy the valuationrequirement when an above median debtor opts to pay his unsecured claims in full over timewithout devoting all of his disposable income to his Chapter 13 plan. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-049

Moore, In re--Ga. United Credit Union v. Moore

Ruling
Debtor's motion for stay pending appeal was denied as debtor failed to show a substantiallikelihood that she would prevail on the merits of the appeal and that a stay would cause nosubstantial harm to the creditor. (Bankr. S.D. Ga.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

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Consumer opinion summary, case decided on August 27, 2020 , LexisNexis #1020-023