Shibley, In re
Mar
30
2023
Ruling
Bankruptcy court was unable to grant debtor relief from stay allowing him to remain in his home pending the appeal as the bank demonstrated a colorable interest in the property. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Shibley, In re
Mar
29
2023
Ruling
Debtor was unable to fully avoid a creditor's judicial lien as to his exempt property based on the debtor's schedules and the creditor's stipulation that the value debtor scheduled for his real property was accurate. (Bankr. N.D. Ga.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.
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Court
:
Mitchell-Smith, In re--Palmer v. Mitchell
Feb
16
2023
Ruling
Sale of single-family property ordered free and clear of interest of debtor’s son. (Bankr. N.D. Ga.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.
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Court
:
Handrix, In re
Feb
13
2023
Ruling
Chapter 7 trustee was entitled to void a senior security deed as a preference where there was no dispute that the transfer was made on account of antecedent debt. (Bankr. N.D. Ga.)
Issue(s)
Preferences; Avoidable Transfers.
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Court
:
- 11 U.S.C.
Heaven's Landing, LLC, In re
Feb
09
2023
Ruling
Debtor's fourth amended plan of reorganization, in which the debtor proposed to pay all of its creditors in cash in full on the effective date of the plan and preserve the equity interests, was confirmed as modified. (Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan.
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Court
:
Douglas Cullinan, In re--Coastal States Bank v. Douglas Cullinan
Jan
18
2023
Ruling
Bankruptcy court would enter a stay pending appeal as to the wife to avoid irreparable harmto the creditor given the creditor's likelihood of success as to the grant of summaryjudgment as to her. (Bankr. N.D. Ga.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
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Court
:
- 11 U.S.C.
Yarbra, In re--Yarbra v. U.S. Bank Trust Nat'l Ass'n
Jan
11
2023
Ruling
Stay automatically expired as to plaintiff after 30 days from the petition date but not as toproperty of the bankruptcy estate. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
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Court
:
- 11 U.S.C.
Gerstner, In re--NextGear Cap., Inc. v. Gerstner
Dec
30
2022
Ruling
Debtor’s counsel sanctioned for failing to produce documents that he had in his possession atsignificant risk to client. (Bankr. N.D. Ga.)
Issue(s)
Power of Court.
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Court
:
- 11 U.S.C.
Kennedy, In re--Kennedy v. Najarian Cap., LLC
Nov
17
2022
Ruling
Foreclosure of the property at issue did not violate the automatic stay as debtor had no legal orequitable interest in the property at the time of the foreclosure. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.
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Court
:
Cullinan, In re--Coastal States Bank v. Cullinan
Oct
27
2022
Ruling
Plaintiff was not entitled to reinstatement of its mistakenly cancelled first security deed asdebtor-in-possession was entitled to stand in the shoes of a trustee as a bona fide purchaser forvalue. (Bankr. N.D. Ga.)
Issue(s)
Rights, Powers, and Duties of Debtor in Possession; Same Rights and Duties as Trustee.
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Court
: