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Harman, In re--McAfee v. Harman

Ruling
Plaintiff assignee of pre-petition claim had standing to object to debtor's discharge on basis oftransfers that evidenced a scheme to avoid assignor's garnishments. (Bankr. N.D. Ga.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on March 12, 2021 , LexisNexis #0421-093

Sanchez, In re--Cooper v. Sanchez

Ruling
Creditor was entitled to a default judgment that debt was nondischargeable as complaintcontained sufficient factual allegations to establish a prima facie case that debt was in thenature of support and, therefore, nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0421-008

Smith, In re

Ruling
Continuation of criminal contempt proceedings against debtor were not subject to theautomatic stay. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against

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Consumer opinion summary, case decided on January 19, 2021 , LexisNexis #0221-079

Harman, In re--McAfee v. Harman

Ruling
Nondischargeability claims could be transferred from creditor to her son only to the extentassignment was allowed under state law. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-032

Milani, In re

Ruling
Debtor was not entitled to summary judgment in proceeding for violation of the dischargeinjunction given issues of fact regarding creditor’s intention in bringing state court action.(Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on September 16, 2020 , LexisNexis #1020-086

Patel, In re

Ruling
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on September 16, 2020 , LexisNexis #1020-076

Hughes, In re

Ruling
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on August 11, 2020 , LexisNexis #0920-055

Lang Chin, In re--784 Cafe Inc. v. Lang Chin

Ruling
Unsecured creditors' summary judgment motion denied where defendant's statement that he was not suspended from legal practice was immaterial to his business transactions. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Court :
Consumer opinion summary, case decided on July 07, 2020 , LexisNexis #0820-042

Adamo, In re--Pergament v. Hofstra Univ.

Ruling
Debtor’s tuition payments on behalf of children were not avoidable where universities werethe subsequent transferees of the payments. (Bankr. E.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Limitations on Trustee’s Right to Recover

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Consumer opinion summary, case decided on May 19, 2020 , LexisNexis #0720-019

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.)
Issue(s)
Power of Court.

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Commercial opinion summary, case decided on March 31, 2020 , LexisNexis #0520-052