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Farnham, In re

Ruling
Debtor's right to dismiss was superior to arguments concerning the debtor's eligibility for Chapter 13 as long as the case was not previously converted. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on December 20, 2024 , LexisNexis #0325-095

Farnham, In re

Ruling
Creditors' request to vacate the bankruptcy court's order dismissing debtor's Chapter 13 case failed as debtor had an unambiguous right to voluntarily dismiss his case. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-070

Jenkins, In re--Jenkins v. TitleMax of Ga., Inc.

Ruling
Debtor's motion for turnover of repossessed vehicle denied as the redemption period expiredprepetition and the vehicle did not become property of the estate at filing. (Bankr. M.D. Ga.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on June 10, 2022 , LexisNexis #0822-014

Heard, In re

Ruling
Debtor's motion to continue denied as he had been given ample time to address his propertyvaluation issue and his 11 U.S.C.S. 1224 motion should have been filed long ago. (Bankr. M.D.Ga.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Denial

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Consumer opinion summary, case decided on October 12, 2021 , LexisNexis #1221-098

Osborne, In re--Shaw v. Osborne

Ruling
Debt was dischargeable as the creditor failed to carry her burden of showing debtor’sintention to mislead, defraud, or induce reliance. (Bankr. M.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 30, 2020 , LexisNexis #1120-062

Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC

Ruling
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 07, 2019 , LexisNexis #0219-028

In re Cochran

Ruling
Plan including final balloon payment to secured creditor could be confirmed. (Bankr. M.D. Ga.)
Issue(s)
Whether a Chapter 13 plan that calls for distributions in the form of monthly payments followed by a balloon payment to a creditor holding a claim secured by the debtor's real property complies with 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I).

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Consumer opinion summary, case decided on September 01, 2016 , LexisNexis #0916-133

Bradford v. United States Dept of the Treasury (In re Bradford)

Ruling
IRS exaction based on early withdrawal from retirement account was not a tax entitled to priority status.
Issue(s)
Was an exaction by the IRS based on debtor's early withdrawal from a retirement account a tax that should be granted priority status?

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Consumer opinion summary, case decided on July 19, 2015 , LexisNexis #0815-046

Paul v. S. Ga. Title Pawn (In re Paul)

Ruling
Debtor not entitled to turnover of pawned motor vehicle that was not redeemed prior to expiration of statutory redemption date.
Issue(s)
Was debtor entitled to the turnover of a pawned motor vehicle that was repossessed prior to the petition date?

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Consumer opinion summary, case decided on February 13, 2015 , LexisNexis #0315-052

Shubert v. Murray (In re Shubert)

Ruling
Garnished funds held by state magistrate court on petition date were property of the estate.
Issue(s)
Should state magistrate court be required to relinquish garnished funds being held on the petition date?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0215-093