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northern district of georgia

Mims, In re--Hampton v. Mims

Ruling
Former employee's motion for reconsideration of a decision not to vacate the first contemptorder was denied as debtor had not prevented the employee from complying with the court'sorders while seeking judgment against him. (Bankr. N.D. Ga.)
Issue(s)
New Trials; Amendment of Judgments.

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Consumer opinion summary, case decided on September 27, 2023 , LexisNexis #1223-050

Crawford, In re--Smithyman v. Crawford

Ruling
Creditor was not entitled to have his entire contractual debt determined to benondischargeable and/or to an order denying the defendant a discharge as the undisputedfacts did not support these demands. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.

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Consumer opinion summary, case decided on September 27, 2023 , LexisNexis #1223-016

Henderson, In re

Ruling
Debtor had to provide the U.S. trustee with documentation as to the original reason the nonfiling spouse incurred loans and credit card obligations in order to maintain a claimed maritaladjustment. (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 September 27, 2023 , LexisNexis #1223-013

Green Mt. Mgmt., LLC, In re

Ruling
Motion to reopen bankruptcy case denied as allegations of fraud on the court did not containsufficient facts to state a claim. (Bankr. N.D. Ga.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Commercial opinion summary, case decided on September 27, 2023 , LexisNexis #1123-077

Hardin, In re--Zurich Am. Ins. Co. v. Hardin

Ruling
Nondischargeability complaint adequately alleged willful and malicious injury.(Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Commercial opinion summary, case decided on September 22, 2023 , LexisNexis #1123-091

McGee, In re--McGee v. World Bus. Lenders, LLC

Ruling
Res judicata barred the debtor's adversary proceeding as each of the issues raised in thedebtor's complaint was raised, litigated, and resolved, or should have been raised, in thedebtor's prior state court suit. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on September 22, 2023 , LexisNexis #1123-082

BinaNat Cap., LLC, In re

Ruling
Court concluded that any defect in the involuntary petition due to the omission of a /s/signature for one of the petitioning creditors had been cured by counsel's obtaining the "wetink" signatures. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

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Commercial opinion summary, case decided on September 22, 2023 , LexisNexis #1123-074

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

Ruling
Debtor's claim that creditor violated the discharge injunction by asking him to make apayment during a phone call withstood dismissal. (Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on August 23, 2023 , LexisNexis #1023-063

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

Ruling
Letter sent by credit union to debtor in response to an inquiry by the debtor was not groundsfor nondischargeability. (Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on August 23, 2023 , LexisNexis #1023-062

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

Ruling
Bank's motion to dismiss adversary proceeding for violation of the automatic stay anddischarge injunction in reopened case. (Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Consumer opinion summary, case decided on August 23, 2023 , LexisNexis #1023-046