Skip to main content

Page Banner(Taxonomy)

judge craig

Smith, In re

Ruling
Debt was a domestic support obligation and was nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 26, 2023 , LexisNexis #0823-056

Shibley, In re

Ruling
Bankruptcy court was unable to grant debtor relief from stay allowing him to remain in his home pending the appeal as the bank demonstrated a colorable interest in the property. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Shibley, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 30, 2023 , LexisNexis #0623-002

Shibley, In re

Ruling
Debtor was unable to fully avoid a creditor's judicial lien as to his exempt property based on the debtor's schedules and the creditor's stipulation that the value debtor scheduled for his real property was accurate. (Bankr. N.D. Ga.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

ABI Membership is required to access the full summary of Shibley, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 29, 2023 , LexisNexis #0523-059

Handrix, In re

Ruling
Chapter 7 trustee was entitled to void a senior security deed as a preference where there was no dispute that the transfer was made on account of antecedent debt. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Avoidable Transfers.

ABI Membership is required to access the full summary of Handrix, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 13, 2023 , LexisNexis #0423-037

Reid, In re

Ruling
Award of attorney's fees for contempt action could not become part of ex-spouses claim as itwas unliquidated and unmatured on the petition date and not part of an allowed claimpayable through the Chapter 13 plan. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Reid, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 31, 2022 , LexisNexis #1122-008

Merriell, In re--Flag Boy Props., LLC v. Merriell

Ruling
Automatic stay did not apply to purchase of property from debtor where the debtor’s Chapter13 case was void ab initio. (Bankr. N.D. Ga.)
Issue(s)
Meetings of Creditors and Equity Security Holders.

ABI Membership is required to access the full summary of Merriell, In re--Flag Boy Props., LLC v. Merriell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 18, 2022 , LexisNexis #1022-048

Garcia, In re--Dobronski v. Garcia

Ruling
Plaintiff failed to state a claim for nondischargeability as he pled no facts to suggest that herelied, justifiably or not, on any false representation. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Garcia, In re--Dobronski v. Garcia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 16, 2022 , LexisNexis #1022-082

Patel, In re

Ruling
Entry of arbitration award and its confirmation order violated the automatic stay as the denialof pre-petition claims that were property of the estate constituted an act to exercise controlover property of the estate. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Patel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 23, 2022 , LexisNexis #0822-029

Garcia, In re--Dobronski v. Garcia

Ruling
Judgment obtained against debtor in violation of the automatic stay was void. (Bankr. N.D.Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Garcia, In re--Dobronski v. Garcia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2022 , LexisNexis #0422-082

Lingerfelt v. Lingerfelt

Ruling
Debt was nondischargeable because creditors provided sufficient facts to support theconclusion that the debtor's had an intent to deceive by statement and omission regarding hislicensure as a residential contractor. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Lingerfelt v. Lingerfelt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 20, 2022 , LexisNexis #0322-009