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northern district of georgia

Bar Servs., LLC, In re

Ruling
Cause had not been shown to support reconsideration of the partial disallowance of anunsecured claim given the delay in asserting some basis for the claim until after confirmationof the plan. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.

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Commercial opinion summary, case decided on August 04, 2022 , LexisNexis #0922-078

Abney-Ancrum, In re--Ga. DOL v. Abney-Ancrum

Ruling
Debtor's debt for overpayment of benefits was nondischargeable as all the elements for fraudwere met. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on July 25, 2022 , LexisNexis #0922-036

Whitfield, In re--Rocky Mt. Holdings LLC v. Whitefield

Ruling
Court declined to conclude that a failure to produce documents in discovery served as a basisfor conclusion that debtor failed to preserve any recorded information. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Consumer opinion summary, case decided on June 30, 2022 , LexisNexis #0822-067

Patel, In re

Ruling
Entry of arbitration award and its confirmation order violated the automatic stay as the denialof pre-petition claims that were property of the estate constituted an act to exercise controlover property of the estate. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on June 23, 2022 , LexisNexis #0822-029

Mitchell-Smith, In re

Ruling
Actions by animal control office were an exercise of police and regulatory powers and wereexcepted from the automatic stay. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory

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Consumer opinion summary, case decided on June 17, 2022 , LexisNexis #0822-004

Se Chol Chang, In re--Lubin v. Se Chol Chang

Ruling
Debtor was denied discharge for refusal to provide required information or sit forexamination regarding his finances as directed. (Bankr. N.D. Ga.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order.

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Consumer opinion summary, case decided on June 01, 2022 , LexisNexis #0722-091

Hamby, In re

Ruling
Creditor was liable to the debtor for taking possession of the debtor's vehicle in violation ofthe automatic stay. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on April 28, 2022 , LexisNexis #0622-077

Heath, In re

Ruling
Debtor's motion for expungement of discharge denied as debtor did not meet the burden ofshowing that her own bankruptcy case was filed fraudulently or contained scandalous ordefamatory matters. (Bankr. N.D. Ga.)
Issue(s)
Public Access to Papers.

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Consumer opinion summary, case decided on April 01, 2022 , LexisNexis #0622-002

Ruff, In re--Townson v. Ruff

Ruling
Debtor's student loan debts were not consumer debts as debtor incurred them as aninvestment in herself to make more money by enhancing her prospects for a better job. (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 March 31, 2022 , LexisNexis #0722-069

Powell, In re--Hill v. Powell

Ruling
Debt was not excepted from discharge as the creditor failed to prove by a preponderance of theevidence that the debtor's conduct was either willful or malicious. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 30, 2022 , LexisNexis #0522-082