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northern district of georgia

Johnson, In re--Johnson v. Johnson

Ruling
Debtor was entitled to dismissal of pro se plaintiff's complaint as plaintiff had not adequatelypled all necessary elements for nondischargeability. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 10, 2023 , LexisNexis #1023-034

Dunwoody Labs, Inc., In re--Liberty Wellness Servs., LLC v. Agolli

Ruling
Second amended complaint failed to adequately plead a claim for either fraudulent pretenseor false inducements as it failed to identify any written document concerning either debtor'sfinancial condition. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Commercial opinion summary, case decided on August 10, 2023 , LexisNexis #1023-033

Brown, In re

Ruling
Dismissal of debtor's case was appropriate sanction as her repeated failures to appear andrespond created an unreasonable delay prejudicial to creditors. (Bankr. N.D. Ga.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause;

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Consumer opinion summary, case decided on July 12, 2023 , LexisNexis #0923-039

Smith, In re

Ruling
Debt was a domestic support obligation and was nondischargeable. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on June 26, 2023 , LexisNexis #0823-056

First Leads & Mktg., In re

Ruling
Creditor required to dismiss certain claims belonging to the debtor's bankruptcy estate. (Bankr.N.D. Ga.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Commercial opinion summary, case decided on June 23, 2023 , LexisNexis #0823-061

Petite v. MedCross Imaging, LLC (MedCross Imaging, LLC)

Ruling
Trustee's motion to reopen discovery in fraudulent transfer proceeding denied absentexcusable neglect. (Bankr. N.D. Ga.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In

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Consumer opinion summary, case decided on June 20, 2023 , LexisNexis #0823-070

Modi, In re

Ruling
Reconsideration of denial of sanctions was not warranted as the debtor had not presented anynew evidence or argument that he did not, or could not have, presented previously to establisha basis to reconsider the denial of sanctions. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of

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Consumer opinion summary, case decided on June 08, 2023 , LexisNexis #0823-045

Jennings, In re--Jennings v. Nationstar Mortg., LLC

Ruling
Debtor could not set aside a foreclosure sale that allegedly violated the automatic stay absent showing that his marital interest in the property became property of the bankruptcy estate. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Commercial opinion summary, case decided on May 09, 2023 , LexisNexis #0723-003

Jackson, In re--Jackson v. Paramount Props. Mgmt. Grp.

Ruling
State court order did not violate the automatic stay as nothing in the order directed the transfer of funds to the creditors or authorized the state court court court to order the release of funds in violation of the automatic stay. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on April 10, 2023 , LexisNexis #0623-027

Savage, In re--Savage v. Educ. Credit Mgmt. Corp.

Ruling
Debtor was entitled to a discharge of his student loan as he showed by a preponderance of the evidence that repayment would impose an undue hardship. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Commercial opinion summary, case decided on March 31, 2023 , LexisNexis #0623-009