- 11 U.S.C.
Dunston, In re--Roach v. Skidmore Coll.
Jan
31
2017
Ruling
Trustee could not avoid transfers made by the debtor to defendant college as he failed todemonstrate that a genuine issue of material fact exists as to each element of his fraudulenttransfer claims. (Bankr. S.D. Ga.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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- 11 U.S.C.
Covington v. Santander Consumer USA, Inc. (In re Covington)
Dec
08
2016
Ruling
Debtor not entitled to relief from vehicle lien where the lien holder's in rem rights against thevehicle survived the bankruptcy as it was not provided for in the plan. (Bankr. S.D. Ga.)
Issue(s)
Effect of Confirmation.
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Kohout v. Nationstar Mortg., LLC (In re Kohout)
Nov
10
2016
Ruling
Disallowance of proof of claim on procedural grounds did not void creditor’s lien. (Bankr. N.D.N.Y.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.
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- 11 U.S.C.
In re Pruitt
Oct
21
2016
Ruling
Extension of stay as to creditor condominium association in debtor’s second case within oneyear denied. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.
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- 11 U.S.C.
In re Bowman
Sep
01
2016
Ruling
Extension of stay denied with regard to creditor landlord due to debtor’s bad faith. (Bankr. S.D. Ga.)
Issue(s)
Should the automatic stay be extended in debtor’s second case filed within one year?
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Powell v. Shorty's Used Cars (In re Powell)
Aug
26
2016
Ruling
Used car dealership willfully violated the automatic stay by refusing to return motor vehiclerepossessed days before petition date. (Bankr. S.D. Ga.)
Issue(s)
Whether creditor violated the automatic stay be refusing to return motor vehicle repossessed just prior to petition date?
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- 11 U.S.C.
Jordahl v. Dyal (In re Jordahl)
Aug
08
2016
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.)
Issue(s)
Was claim debtor’s formers spouse’s attorney’s claim for fees and court costs related to a postpetition hearing and ensuing contempt order in a child support matter void as entered in violation of the automatic stay?
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Blocksom v. Brown (In re Brown)
Aug
04
2016
Ruling
Asset recovery specialists application for employment nunc pro tunc granted. (Bankr. S.D. Ga.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.
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- 11 U.S.C.
In re Powers
Jul
13
2016
Ruling
Confirmation of debtor’s third amended plan denied as the plan was not proposed in goodfaith. (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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- 11 U.S.C.
In re Rogers
Jun
24
2016
Ruling
Plan in individual chapter 11 case required amendment due to violation of the absolute priority rule.
Issue(s)
Did the absolute priority rule apply to debtor’s post-BAPCPA chapter 11 plan?
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