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southern district of georgia

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

Melnik, In re--Reddy v. Melnik

Ruling
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 28, 2018 , LexisNexis #1118-042

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

Ruling
Court held that debtor was a limited partnership under the laws of Georgia and that it waseligible to seek reorganization in the chapter 11 bankruptcy case as they elected to continuethe limited partnership notwithstanding any dissolution. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Chapter 11.

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Commercial opinion summary, case decided on September 26, 2018 , LexisNexis #1118-003

Spinks, In re

Ruling
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-008

Spinks, In re

Ruling
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-008