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11th Circuit

McCallan v. Sanfilippo

Ruling: 
Court had subject matter jurisdiction over Stern claim which was treated as a noncore proceeding. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-095

Miller, In re--Miller v. New Penn Fin., LLC

Ruling: 
Trustee could assert her bona fide purchaser status defensively and object to the claims in total or as to the secured status. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 31,2017, LexisNexis #0419-080

In Cha Rim, In re

Ruling: 
Trustee's motion for entry of default judgment was granted as the allegations created a reasonable inference that debtor was insolvent at the time of the transfer. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-087

Easterling, In re--Easterling v. Easterling

Ruling: 
Discharge was not denied as debtors explained the loss of three pieces of equipment andcreditors failed to identify any missing records. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 08,2019, LexisNexis #0319-066

Hall, In re

Ruling: 
Adversary proceeding dismissed as defendant LLC properly excluded the $9.75 access fee fromthe finance charge. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-031

Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC

Ruling: 
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082

Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC

Ruling: 
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
ABI Membership is required to access the full summary of Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083

Merkel, In re

Ruling: 
Creditor's motion to dismiss debtor's case denied where she did not establish debtor's alleged improper pre-petition conduct and therefore failed to show debtor had acted in bad faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 07,2018, LexisNexis #0219-084

Martinez, In re

Ruling: 
Court reduced attorneys' fees as it was not a reasonable fee for a large law firm that regularlyperformed tasks for lenders such as preparing and filing a proof of claim and reviewing plan.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0219-058

Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC

Ruling: 
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
ABI Membership is required to access the full summary of Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-028

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