- 11 U.S.C.
Georgia Capital Grp. LLC v. Strick Chex Newnan One LLC (In re Strick Chex Newnan One LLC)
May
12
2016
Ruling
Lease deemed rejected could not be assumed by trustee following conversion.
Issue(s)
Following conversion to chapter 7, could trustee assume a lease that had been rejected as a matter of law?
ABI Membership is required to access the full summary of Georgia Capital Grp. LLC v. Strick Chex Newnan One LLC (In re Strick Chex Newnan One LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Towler v. Lee (In re Lee)
May
04
2016
Ruling
Court could not enter consent order settling issue of nondischargeability where the underlying proceeding also sought denial of discharge.
Issue(s)
Could settlement of proceeding seeking nondischargeability of claims and denial of discharge be approved?
ABI Membership is required to access the full summary of Towler v. Lee (In re Lee) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hill v. Hill
Apr
29
2016
Ruling
Debt arising from child support, medical expenses, and attorney's fees awarded by state court was a nondishcargeable domestic support obligation.
Issue(s)
Was debt resulting from support order in favor of debtor's former spouse nondischargeable?
ABI Membership is required to access the full summary of Hill v. Hill Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Thornton
Mar
25
2016
Ruling
Funds that were subject of garnishment proceeding on petition date were property of creditor based on evidence under state law.
Issue(s)
Whether, at the time debtor filed her petition, the $6,768 that was the subject of the garnishment proceeding belonged to the claimant or to debtor.
ABI Membership is required to access the full summary of In re Thornton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gebhardt v. Everson (In re Herndon)
Jan
22
2016
Ruling
Bankruptcy petition preparer enjoined from acting in that capacity due to violation of prior bankruptcy court order.
Issue(s)
Should bankruptcy petition preparer be enjoined from operating due to failure to comply with prior bankruptcy court order?
ABI Membership is required to access the full summary of Gebhardt v. Everson (In re Herndon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Georgia Dept of Human Servs. v. Manning (In re Manning)
Dec
04
2015
Ruling
Debt to state department of human services was nondischargeable due to debtor's concealment and misrepresentation.
Issue(s)
Did debtor's concealment of fact that spouse was living with the debtor when applying for benefits constitute a misrepresentation on which creditor relied and result in nondischargeable debt?
ABI Membership is required to access the full summary of Georgia Dept of Human Servs. v. Manning (In re Manning) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bank of N. Ga. v. Strick Chex Columbus Two LLC (In re Strick Chex Columbus Two LLC)
Nov
19
2015
Ruling
Creditor granted adequate protection in debtor's revenue from food inventory, which qualified as cash collateral.
Issue(s)
Did portion of debtor's revenue received in exchange for its food inventory constitute proceeds of creditor's collateral, and therefore "cash collateral," that required protection?
ABI Membership is required to access the full summary of Bank of N. Ga. v. Strick Chex Columbus Two LLC (In re Strick Chex Columbus Two LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Upshaw
Nov
04
2015
Ruling
Debtor's interest in teachers retirement trust that was subject to anti-alienation provision was not property of the estate.
Issue(s)
Was debtor entitled to an exemption in interest in teachers retirement trust?
ABI Membership is required to access the full summary of In re Upshaw Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cooper, In re--Gebhardt v. Cooper
Jul
23
2015
Ruling
Debtor's discharge revoked after trustee showed sufficient evidence of debtor's fraudulent intent in failure to disclose her assets and her involvement in her mother's probate estate. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Revocation; Fraud.
ABI Membership is required to access the full summary of Cooper, In re--Gebhardt v. Cooper Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rogers v. Freeman (In re Freeman)
Mar
06
2015
Ruling
Severance and bonus income both vested in debtor on confirmation of chapter 11 plan and did not revest with the estate upon conversion to chapter 7.
Issue(s)
Did severance and bonus income, which became debtor's property after chapter 11 plan confirmation, revest in the bankruptcy estate upon conversion to chapter 7?
ABI Membership is required to access the full summary of Rogers v. Freeman (In re Freeman) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: