Southern District

Powell v. Shorty's Used Cars (In re Powell)

Ruling: 
Used car dealership willfully violated the automatic stay by refusing to return motor vehiclerepossessed days before petition date. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 26,2016, LexisNexis #0916-082

Jordahl v. Dyal (In re Jordahl)

Ruling: 
Claim for attorneys’ fees and costs incurred in postpetition child support proceeding andcontempt order disallowed as awarded in violation of stay. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 08,2016, LexisNexis #0916-039

McCallar v. Gebhardt (In re Music)

Ruling: 
Debtor in possession's application to employ attorney granted subject to possible preference proceeding against creditors who contributed to the retainer.
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Consumer case opionion summary, case decided on May 02,2016, LexisNexis #0516-106

In re Brooks

Ruling: 
Debtor not entitled to administrative expense claim for maintenance of hunting lodge debtor was allowed to occupy for free.
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Consumer case opionion summary, case decided on March 31,2016, LexisNexis #0416-114

In re Shree Meldikrupa Inc.

Ruling: 
Adequately protected junior lienholder was not entitled to relief from stay.
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Commercial case opionion summary, case decided on March 22,2016, LexisNexis #0416-075

TitleMax of Ga. Inc. v. Stanfield (In re Stanfield)

Ruling: 
Automatic stay ceased to apply to pledged vehicle after expiration of extended redemption period.
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Consumer case opionion summary, case decided on February 18,2016, LexisNexis #0316-043

Associated Maint. Servs. v. Forehand (In re Forehand)

Ruling: 
Relief from stay granted to allow debtor's sibling and sibling's company to pursue motion for contempt in state court.
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Consumer case opionion summary, case decided on February 12,2016, LexisNexis #0316-010

Etheridge v. CitiMortgage Inc. (In re Etheridge)

Ruling: 
State property law could be applied to allow settlement avoiding underwater second lien on debtor's property despite anti-modification provision of § 1322 (b)(2).
ABI Membership is required to access the full summary of Etheridge v. CitiMortgage Inc. (In re Etheridge). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 28,2016, LexisNexis #0416-096

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