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Spinks, In re

Ruling
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-008

Spinks, In re

Ruling
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions.

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Consumer opinion summary, case decided on August 21, 2018 , LexisNexis #1018-008

Sherrod, In re

Ruling
Motion to dismiss chapter 13 case was granted where debtor falsified a letter authorizing herto obtain financing for the purchase of a motor vehicle. (Bankr. S.D. Ga.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on July 05, 2018 , LexisNexis #0818-080

Nicholson v. Wells Fargo Bank, N.A. (In re Nicholson)

Ruling
Debtor's plan improperly included property which she had no interest in was thus deemedwithout merit.. (Bankr. S.D. Ga.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on September 29, 2017 , LexisNexis #1117-027

Fauvie, In re

Ruling
Trustee's motion to reopen chapter 7 case denied because debtor had knowledge of the abandoned assests and there is no evidence suggesting that the debtor's disclosure of these assets was incomplete or misleading. (Bankr. S.D. Ga.)
Issue(s)
Closing and Reopening Cases; When to Reopen

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Consumer opinion summary, case decided on June 21, 2017 , LexisNexis #0717-093

Mableton, LLC, In re

Ruling
Debtor's plan for reoranization conditionally granted as court found that it does not satisfy the requirements of § 1129(a)(9) relating to the mandatory treatment of administrative claims. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements; Treatment of Priority Claims.

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Commercial opinion summary, case decided on June 07, 2017 , LexisNexis #0717-054

Stone Res., Inc., In re

Ruling
Debtor's counsel's representation of debtor's principal in connection with district courtcontempt proceedings did not implicate a disqualifying conflict even if debtor's counsel wasnot a party to a prior litigation. (Bankr. E.D. Pa.)
Issue(s)
Definitions; “Disinterested Person”.

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Commercial opinion summary, case decided on May 04, 2017 , LexisNexis #0717-002

In re Ashby-Bacon

Ruling
Objection to proof of claim overruled for debtor's failure to present copy of pre-petitionjudgment. (Bankr. E.D. Pa.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on December 14, 2016 , LexisNexis #0117-043

In re Pruitt

Ruling
Extension of stay as to creditor condominium association in debtor’s second case within oneyear denied. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior Case.

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Consumer opinion summary, case decided on October 21, 2016 , LexisNexis #1116-079

In re Bowman

Ruling
Extension of stay denied with regard to creditor landlord due to debtor’s bad faith. (Bankr. S.D. Ga.)
Issue(s)
Should the automatic stay be extended in debtor’s second case filed within one year?

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Consumer opinion summary, case decided on September 01, 2016 , LexisNexis #0916-111