- 11 U.S.C.
Richardson, In re
Aug
20
2020
Ruling
Bankruptcy court granted creditor from the automatic stay to collect the insurance proceeds ondebtor’s totaled vehicle where the redemption period had expired. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay.
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- 11 U.S.C.
Landon, In re--Selma Dev., LLC v. Landon
Mar
31
2020
Ruling
Debt was dischargeable where creditor's contention that debtor acted willfully, maliciously,or fraudulently was without merit. (Bankr. S.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
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- 11 U.S.C.
Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC
Mar
31
2020
Ruling
Landlord's complaint for damages was denied as the lease was rejected and could not havebeen assigned or transferred to defendant under the asset purchase agreement. (Bankr. S.D.Ga.)
Issue(s)
Executory Contracts and Unexpired Leases; Assignment; Requirements for Assignment.
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:
- 11 U.S.C.
Benzicron, In re--Baker v. Benzicron
Mar
18
2020
Ruling
Creditor was denied summary judgment as nothing in the settlement agreement reflected anagreement that debtor would be precluded from discharging this debt. (Bankr. S.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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- 11 U.S.C.
T Street LLC v. v. Jaques (In re Jaques)
Mar
10
2020
Ruling
Bankruptcy court's finding that bank did not reasonably rely on debtor's financial statementwas clearly erroneous and debtor was not entitled to be discharged from his debt. (5th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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- 11 U.S.C.
Bennett, In re
Feb
04
2020
Ruling
Separate classification of student loan claims and adoption of a permissible standard for fairdiscrimination in favor of student loan claims was unfairly discriminatory and prohibited.(Bankr. N.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Court
:
- 11 U.S.C.
Polk, In re
Dec
19
2019
Ruling
Creditor failed to carry its burden of proof that its claim was nondischargeable as creditorfailed to prove that debtor intentionally made a misrepresentation regarding solvency. (Bankr.S.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Simmons, In re
Sep
30
2019
Ruling
Debtors' failure to pay post-petition mortgage payments did not warrant dismissal ofbankruptcy case as they were not payments under the confirmed plan. (Bankr. S.D. Ga.)
Issue(s)
Discharge; Full-Compliance Discharge.
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:
- 11 U.S.C.
Johnson, In re--Johnson v. North Mill Credit
Sep
27
2019
Ruling
Creditor did not violate the automatic stay in repossessing a truck that belonged to acorporation that was a separate and distinct legal entity from debtor. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay.
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- 11 U.S.C.
Lewis, In re
Sep
24
2019
Ruling
Refiling within 180 days from voluntary dismissal was barred and could not preventforeclosure agreed to in initial case. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals; Voluntary
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