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northern district of georgia

DaCosta, In re

Ruling
Debtor's counsel sanctioned for failing to reasonably communicate with his client throughoutthe case, failing to adequately represent his client with respect to a claim, and based on hisbehavior during the show cause hearing. (Bankr. N.D. Ga.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on February 05, 2024 , LexisNexis #0324-077

Henderson, In re--Kolba v. Henderson

Ruling
Debtor's spouse's contribution to the household expenses of the minor children was includedin debtor's CMI and was not deducted as a marital adjustment. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on January 25, 2024 , LexisNexis #0324-046

Corona, In re--Cox v. Corona

Ruling
Debtor’s summary judgment in nondischargeability proceeding denied where undisputedfacts would not prevent creditor from prevailing on its claim. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on January 24, 2024 , LexisNexis #0324-064

Evolved Cinema, LLC v. Sams

Ruling
Creditor was entitled to a default judgment as to the nondischargeability of a debt where thedebtor misrepresented that he had been entrusted with and held the funds for the project toinduce the creditor to start working on the project. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on January 24, 2024 , LexisNexis #0324-061

Wlodar, In re

Ruling
Court granted trustee's motion to convert Chapter 7 case as the debtor had significant incometo fund a Chapter 13 plan. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

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Consumer opinion summary, case decided on January 24, 2024 , LexisNexis #0324-047

Carter, In re

Ruling
Chapter 11 debtor and his Chapter 7 businesses were still "affiliates" for purposes ofeligibility to proceed under Subchapter V. (Bankr. N.D. Ga.)
Issue(s)
Definitions.

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Consumer opinion summary, case decided on December 13, 2023 , LexisNexis #0224-095

Hines, In re

Ruling
Property management company did not violate the automatic stay nor commit an act incontempt of the court's order based on the debtor’s allegations. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on November 21, 2023 , LexisNexis #0124-055

Hines, In re

Ruling
Property management company did not violate the automatic stay nor commit an act incontempt of the court's order based on the debtor’s allegations. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on November 21, 2023 , LexisNexis #0124-055

Kalos Capital, In re

Ruling
Plan confirmed as not likely to be followed by liquidation or need for further financialreorganization of the debtor except as provided in the plan. (Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further

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Commercial opinion summary, case decided on October 31, 2023 , LexisNexis #1223-096

Lambert, In re--Lambert v. Courtesy Fin.

Ruling
Debtor's objection to creditor's claim was disallowed as the creditor's filing of a Form 1099-Cwas merely a reporting requirement. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.

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Consumer opinion summary, case decided on October 06, 2023 , LexisNexis #1223-030