- 11 U.S.C.
Moore-Mckinney, In re
May
09
2019
Ruling
Interest that accrued on a pre-petition debt in the nature of alimony, maintenance, or supportbecame part of the domestic support obligation itself. (Bankr. N.D. Ga.)
Issue(s)
Definitions; “Domestic Support Obligation”.
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Court
:
- 11 U.S.C.
Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC
Dec
21
2018
Ruling
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business; Made According to Ordinary Business Terms.
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Court
:
- 11 U.S.C.
Stroud, In re
Jul
19
2018
Ruling
Trustee was not entitled to compensation as trustee's services did not rise to the level of providing any substantial benefit to the estate or to the creditors sufficient to warrant quantum meruit award. (Bankr. N.D. Ga.)
Issue(s)
Compensation of Officers.
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Court
:
- 11 U.S.C.
Murphy, In re--Pettie v. Murphy
Apr
30
2018
Ruling
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.
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Court
:
- 11 U.S.C.
Brannon, In re--Pettie v. Brannon
Apr
05
2018
Ruling
Trustee was entitled to avoid a transfer as the divorce decree awarding the house to debtor's former spouse had not been recorded and a lis pendens was not filed. (Bankr. N.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Bona Fide Purchaser of Real Property.
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Court
:
- 11 U.S.C.
Simmons, In re--McDermott v. Simmons
Mar
27
2018
Ruling
Revocation was warranted where debtor failed to disclose that she settled a worker's compensation claim and received net settlement proceeds two months prior to filing a chapter 7 petition. (Bankr. N.D. Ga.)
Issue(s)
Discharge.
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Tisdale, In re--Tisdale v. Westmoore Grp., LLC
Mar
02
2018
Ruling
Court held that equitable remand of removed state court action was appropriate as the removal was improper. (Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention.
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Court
:
- 28 U.S.C.
Skelton, In re
Feb
23
2018
Ruling
Motion to transfer venue granted as the court lacked the authority to retain the case. (Bankr. N.D. Ga.)
Issue(s)
Cure or Waiver of Defects.
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Unlimited Homes, Inc., In re--Unlimited Homes, Inc. v. Bank of N.Y. Mellon
Feb
23
2018
Ruling
Corporate debtor was entitled to damages for violation of the automatic stay as it was able toestablish in its complaint sufficient facts to support a plausible claim of the creditors'violation. (Bankr. N.D. Ga.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
- 28 U.S.C.
Clayton Gen., Inc., In re
Jan
01
2018
Ruling
Amendment to § 1930(a)(6) did not violate the bankruptcy clause because the fees imposedwere uniform in every district with a U.S. Trustee. (Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Fees; Filing Fees; Chapter 11 Quarterly Fee.
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