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northern district of georgia

Powell, In re-- McCauley v. Powell

Ruling
Amended complaint adding racketeering claim denied as it introduced new facts and did not relate back to timely-filed, and subsequently dismissed, defamation claim. (Bankr. N.D. Ga.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under § 523in a Chapter 7 Liquidation, Chapter 11 Reorganization, Chapter 12 Family Farmer’s Debt Adjustment Case, or Chapter 13 Individual’s Debt Adjustment Case; Notice of Time Fixed.

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Consumer opinion summary, case decided on September 04, 2025 , LexisNexis #1125-048

P-D Valmiera Glass U.S. Corp., In re

Ruling
Court denied attorneys’ motion for reconsideration of payment properly made to the claim holder under the confirmed plan. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.

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Commercial opinion summary, case decided on August 28, 2025 , LexisNexis #1125-033

Ohai, In re--Ohai v. Delta Cmty. Credit Union

Ruling
Secured creditors retained their in rem rights to collateral and did not violate the discharge injunction by requesting debtor’s credit reports. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Debts Affected.

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Consumer opinion summary, case decided on August 21, 2025 , LexisNexis #1025-088

Bunch, In re--Robertson v. Bunch

Ruling
Judgment against debtor attorney for misappropriated settlement funds was nondischargeable on the basis of fiduciary fraud. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on July 30, 2025 , LexisNexis #1025-034

Gividen, In re--Robb v. Gividen

Ruling
Creditors failed to sufficiently allege facts to state plausible claims for nondischargeabilty under the applicable pleading standards. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-087

Joshua, In re

Ruling
Immediate return of the debtor's vehicle, which had been repossessed prepetition, was inappropriate and a hearing was required as the debtor had not proposed a treatment for the vehicle securing the creditor's claim or offered adequate protection. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-054

Curepoint, LLC, In re--Wender v. Miles

Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-047

Carter, In re--Armstrong v. Carter

Ruling
State court sanctions order did not have preclusive effect in nondischargeability proceeding. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-033

Medcross Imaging, LLC, In re--Pettie v. Medcross Imaging, LLC

Ruling
Transfers could not be avoided absent any evidence that defendant was the initial transferee or an immediate or mediate transferee of the initial transferee. (Bankr. N.D. Ga.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on September 26, 2024 , LexisNexis #1224-042

Kiener Maschinenbau GmbH, In re

Ruling
Creditor's requests for stay relief and to pursue collection from Chapter 15 debtors' insurance policy in the U.S. courts were granted as requiring her to litigate abroad would deprive her of her right to a jury trial. (Bankr. N.D. Ga.)
Issue(s)
Order Granting Recognition.

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Consumer opinion summary, case decided on September 16, 2024 , LexisNexis #1224-019