Burnsed, In re--Meredith v. BMW Fin. Servs. NA, LLC
Jul
15
2021
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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Court
:
- 11 U.S.C.
Champion Printing & Copying, LLC, In re--Lowe v. Phillips
Jun
09
2021
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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Court
:
- 11 U.S.C.
Hilton, In re--Hale v. Hilton
May
05
2021
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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Court
:
- 11 U.S.C.
Durango Ga. Paper Co., In re
Mar
31
2021
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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Abundant Life Worship Ctr. of Hinesvill, GA, Inc., In re
Dec
16
2020
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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Court
:
- 11 U.S.C.
Jaynes, In re
Dec
11
2020
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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Court
:
- 11 U.S.C.
Payack, In re
Nov
12
2020
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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Gastwirth, In re
Sep
30
2020
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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Court
:
- 11 U.S.C.
Matthews, In re
Sep
30
2020
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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Moore, In re--Ga. United Credit Union v. Moore
Aug
27
2020
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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