Judge Craig

Latira Shayonica Banks, In re--Gordon v. Wells Fargo Bank, N.A.

Ruling: 
Court deemed that trustee could recover damages for violation of the automatic stay (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-052

Hardin, In re--American Zurich Ins. Co. v. Hardin

Ruling: 
Motion to dismiss denied where debtor was pursuing a legitimate bankruptcy purpose andhad acted in good faith, fully disclosed his assets and financial affairs, and cooperated withthe trustee. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-043

Pierce, In re

Ruling: 
Court abstained from hearing adversary proceeding as the claims asserted were state lawclaims that did not arise under Title 11. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-050

Patel, In re--Patel v. Patel

Ruling: 
Arbitration award was a violation of the automatic stay as the arbitration was a judicialproceeding against the debtor to collect a pre-petition debt and was commenced after debtor'sbankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 16,2019, LexisNexis #1019-053

Collins, In re--Collins v. Conventry Pointe Acquisition, LP

Ruling: 
Debtor's motion for violation of the automatic stay was denied as her testimony wasinsufficient to support the allegation that she was injured by respondent's stay violation.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 04,2019, LexisNexis #1019-007

Anderson, In re

Ruling: 
Court concluded that undisputed facts do not provide basis for the court to order lender toreturn the vehicle to debtor as the redemption period expired and debtor lost any equitableinterest in the vehicle. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 17,2018, LexisNexis #0819-092

Landry, In re

Ruling: 
Debtor's motion to reconvert to Chapter 13 was denied as debtor failed to demonstrate goodfaith and feasibility. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 31,2019, LexisNexis #0819-067

Morgan, In re

Ruling: 
Trustee's motion for sale of estate property granted where debtors had no apparent ability tosatisfy the claims of their creditors through any other means. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 03,2019, LexisNexis #0719-040

Giambrone, In re

Ruling: 
Motion for stay pending appeal denied as debtor had not established that any harm from saleof the property could not be fully remedied by monetary damages. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 01,2019, LexisNexis #0719-030

Philyaw, In re--Philyaw v. Portfolio Recovery Assocs., LLC

Ruling: 
Proceeding for violation of discharge injunction was subject to dismissal as neither the plannor the confirmation order placed the title holder on notice of any affirmative obligation torelease its lien and return the title to the debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 24,2019, LexisNexis #0619-093

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