Georgia

Huether, In re

Ruling: 
Confirmation denied as debtor's chapter 13 plan was essentially a disguised chapter 7liquidation seeking to discharge debts that would not be dischargeable in a conventionalchapter 7. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-025

Huether, In re

Ruling: 
Confirmation denied as debtor's chapter 13 plan was essentially a disguised chapter 7liquidation seeking to discharge debts that would not be dischargeable in a conventionalchapter 7. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-025

Woodruff, In re

Ruling: 
Motion to convert chapter 7 case to a chapter 11 case was denied as cause existed to immediately reconvert or dismiss the case if conversion was granted. (Bankr. M.D. Ga.)HOLDINGSL [1]-A debtor's motion to convert his Chapter 7 case to a Chapter 11 case under 11 U.S.C.S. § 706(a) was denied under the totality of the circumstances as the debtor had not filed tax returns, which would constitute cause for dismissal under 11 U.S.C.S. § 1112(b)(4)(I); [2]-The debtor could not insure the estate against diminution, which would constitute cause under § 1112(b)(4)(C); [3]-Cause existed under § 1112(b)(4)(A) as allowing the debtor to propose a liquidating Chapter 11 plan for a single asset estate would subject the estate to continuing diminution without a reasonable likelihood of rehabilitating his finances; [4]-He had no reliable source of income to offset Chapter 11 expenses; [5]-He inappropriately attempted to dissuade the trustee from representing the estate's interests; [6]-If the case were converted, cause existed to immediately reconvert or dismiss the case.Woodruff, In re, 2018 Bankr. LEXIS 125 (Bankr. M.D. Ga. January 19, 2018) (Laney, III, B.J.).
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-109

Neri, In re--Palloto v. Neri

Ruling: 
Collateral estoppel applied as state court adjudication of debtor's liability for fraudnecessarily adjudicated the same issues that rendered the liability nondischargeable. (Bankr.N.D. Ga.)
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Consumer case opionion summary, case decided on January 08,2018, LexisNexis #0218-072

Breedlove, In re

Ruling: 
Plaintiff's motion for summary judgment was denied as plaintiff did not present anyadmissible documents showing that a judgment existed or showed that any such judgmentarose from a willful and malicious injury. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2018, LexisNexis #0218-074

Beaulieu Grp., LLC, In re

Ruling: 
Court determined reasonable aggregate value and ordered funds for the payment to the transferee deducted from the Escrow Account held by debtor's counsel. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on December 08,2017, LexisNexis #0218-059

Woodley, In re--Encore Assets, LLC v. Woodley

Ruling: 
Creditor held a claim equal to the redemption price that the debtor can pay through herchapter 13 plan. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 18,2017, LexisNexis #0218-001

Iles, In re--Baker v. Iles

Ruling: 
Trustee's motion requesting the court's permission to sell property of the estate granted as sale may result in a surplus that will allow for the payment of all creditors in full, plus interest. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-105

Wilbur, In re--Crowder v. Wilbur

Ruling: 
Plaintiff's claim could not be dismissed as the debtor failed to disclose worker's compensationpayments on his statement of financial affairs and misrepresented his earnings as anemployer loan. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 13,2017, LexisNexis #0118-082

Blackman, In re--Blackman v. Challange Fin. Inv'r Corp.

Ruling: 
Debtor's complaint was dismissed as the fourteen factors the court considered for discretionary or permissive abstention weighed heavily in favor of abstention. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 05,2017, LexisNexis #0118-059

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