Middle District

In re Anderson

Ruling: 
Involuntary bankruptcy petition filed by inmate against judge who presided against the inmate's criminal trial dismissed.
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Consumer case opionion summary, case decided on February 05,2015, LexisNexis #0315-003

SunTrust Bank v. Bennett (In re Bennett)

Ruling: 
State court's incidental finding of fraud was not sufficient to bind the bankruptcy court as to nondischargeability of related debt.
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Consumer case opionion summary, case decided on August 21,2014, LexisNexis #0914-085

Wilhoite v. Lemah (In re Wilhoite)

Ruling: 
Debtor could not force trustee to accept opinions regarding sale of assets.
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Consumer case opionion summary, case decided on May 14,2014, LexisNexis #0614-023

In re Cumberland Corral LLC

Ruling: 
Franchisor's motion for relief from stay denied where debtor franchisee had passed required number of inspections under franchise agreement.
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Commercial case opionion summary, case decided on March 11,2014, LexisNexis #0414-003

In re Oreck Corp.

Ruling: 
"Stub rent" owed between petition date and debtor's first postpetition payment was not a priority claim where full payment had been due prior to petition date.
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Commercial case opionion summary, case decided on March 10,2014, LexisNexis #0614-009

Wilhoite v. SunTrust Bank (In re Wilhoite)

Ruling: 
Debtor lacked standing to pursue breach of contract and tort claims which were property of the estate.
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Consumer case opionion summary, case decided on February 06,2014, LexisNexis #0314-022

Kodz Anthony J. LLC v. Trotter (In re Trotter)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor seeking a determination of the amount and dischargeability of its debt under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
Ruling: 
Material misrepresentation by debtor's agent to motorcycle dealership resulted in nondischargeable debt.
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Consumer case opionion summary, case decided on June 17,2013, LexisNexis #0713-045

In re Seventh Ave. Props.

This matter was before the court upon the alleged debtor's opposition to the petitioning creditors' involuntary chapter 7 petition.
Ruling: 
Debtor's objection to involuntary petition overruled where petitioning creditor met burden.
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Commercial case opionion summary, case decided on February 22,2013, LexisNexis #0313-107

Winters v. Shulman (In re Winters)

In his motion for partial summary judgment, trustee sought, in part, the following: A declaratory judgment that any claim of the Internal Revenue Service (IRS) (defendant was the United States) for the tax year 2004 was a non-priority unsecured claim. The IRS, in part, sought summary judgment as to the following: The claim of $226,142 for tax year 2004 was a priority claim pursuant to 11 U.S.C.S. § 507(a)(8) and was non-dischargeable.
Ruling: 
IRS claim that was tolled by filing of petition with U.S. Tax Court was entitled to priority and was nondischargeable.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0213-079

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