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southern district of georgia

Polk, In re

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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Consumer opinion summary, case decided on December 19, 2019 , LexisNexis #0220-009

Simmons, In re

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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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1119-099

Johnson, In re--Johnson v. North Mill Credit

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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Consumer opinion summary, case decided on September 27, 2019 , LexisNexis #1119-077

Lewis, In re

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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Consumer opinion summary, case decided on September 24, 2019 , LexisNexis #1119-052

Blige, In re

Ruling
Debtor's Chapter 13 case was dismissed for misrepresentations that constituted an abuse of theprovisions, purpose, and spirit of the Bankruptcy Code. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on August 21, 2019 , LexisNexis #1019-069

Thorpe, In re

Ruling
Automatic stay did not apply to pawnbroker as debtor filed her case one day before theredemption period for a title pawn transaction expired. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on March 29, 2019 , LexisNexis #0519-076

A & B Assocs., L.P., In re

Ruling
Confirmation denied as amended plan did not have a reasonable probability of success.(Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on March 29, 2019 , LexisNexis #0519-094

Champion, In re

Ruling
U.S. Trustee's motion to dismiss was denied as untimely as court would not enlarge thedeadline in this case to file § 707 motions absent excusable neglect. (Bankr. S.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on March 28, 2019 , LexisNexis #0519-089

Grimm, In re--PIP-Grp., LLC v. Grimm

Ruling
Complaint failed to state a claim for embezzlement as creditor never entrusted its money todebtor. (Bankr. S.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 27, 2019 , LexisNexis #0519-082

O'Reilly, In re--Beveridge v. Vidunas

Ruling
Post-confirmation modification denied for lack of unanticipated change in circumstances.(Bankr. S.D. Ga.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on March 18, 2019 , LexisNexis #0519-047