Hardin, In re--American Zurich Ins. Co. v. Hardin
Mar
27
2020
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
- 28 U.S.C.
Pierce, In re
Sep
25
2019
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.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
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Court
:
- 11 U.S.C.
Patel, In re--Patel v. Patel
Aug
16
2019
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.)
Issue(s)
Automatic Stay; Scope; Commencement or Continuation of Proceedings Against
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Court
:
- 11 U.S.C.
Marvelay, In re
Jul
23
2019
Ruling
Motion for approval of agreement was granted as the agreement allowed trustee toredistribute funds that would be payable to the State to those injured consumers who hadfiled claims. (Bankr. N.D. Ga.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Fines, Penalties,
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Court
:
Collins, In re--Collins v. Conventry Pointe Acquisition, LP
Jun
04
2019
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.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
Landry, In re
May
31
2019
Ruling
Debtor's motion to reconvert to Chapter 13 was denied as debtor failed to demonstrate goodfaith and feasibility. (Bankr. N.D. Ga.)
Issue(s)
Conversion; By the Debtor.
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Court
:
- 11 U.S.C.
Morgan, In re
May
03
2019
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.)
Issue(s)
Duties of Trustee; Included Duties; Collect and Reduce to Money Property of the
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Court
:
Giambrone, In re
May
01
2019
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.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Peverill, In re--Fifth Third Bank v. Peverill
Apr
26
2019
Ruling
Creditor alleged facts sufficient to infer that debtor's purchases at stores one and two were forluxury goods and were nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; Consumer Debts for
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Court
:
- 11 U.S.C.
Barrow, In re
Apr
26
2019
Ruling
Motion to vacate foreclosure sale denied as the debtor's equitable right of redemption in theproperty was terminated when the property was sold. (Bankr. N.D. Ga.)
Issue(s)
Power of Court.
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Court
: