- 11 U.S.C.
Philyaw, In re--Philyaw v. Portfolio Recovery Assocs., LLC
Apr
24
2019
Ruling
Proceeding for violation of discharge injunction was subject to dismissal as neither the plannor the confirmation order placed the title holder on notice of any affirmative obligation torelease its lien and return the title to the debtor. (Bankr. N.D. Ga.)
Issue(s)
Effect of Discharge.
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- 11 U.S.C.
Daniels, In re--Daniels v. Howe Law Firm, P.C.
Mar
28
2019
Ruling
Debtor's motion for reconsideration denied where law firm's failure to seek determination ofthe nondischargeability of debt was not a bar to debtor's raising the discharge injunction asdefense. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or
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Kumari, In re
Mar
27
2019
Ruling
Oversecured creditor was entitled to post-foreclosure judgment attorneys fees where sale hadnot yet occurred. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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:
- 11 U.S.C.
Anmuth Holdings LLC, In re
Mar
27
2019
Ruling
Involuntary debtors awarded attorneys fees upon granting of motion to dismiss due topetitioning creditors’ bad faith. (Bankr. E.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.
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- 11 U.S.C.
In Cha Rim, In re
Mar
08
2019
Ruling
Trustee's motion for entry of default judgment was granted as the allegations created a reasonable inference that debtor was insolvent at the time of the transfer. (Bankr. N.D. Ga.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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- 11 U.S.C.
Barnes, In re
Mar
04
2019
Ruling
DHS's claim was excepted from discharge as debtor failed to report that his spouse and childlived in his home and pretended that he was entitled to receive food stamps. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Smith, In re
Mar
04
2019
Ruling
Debtor's motion to dismiss granted where retaining jurisdiction would be inappropriate anddebtor failed to state a claim for which relief can be granted. (Bankr. N.D. Ga.)
Issue(s)
Effect of Dismissal; Specific Effects.
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Feldman, In re--Glassman v. Feldman
Feb
26
2019
Ruling
Debtor's Chapter 13 case was dismissed due to debtor's blatant disregard for his obligations tofile accurate bankruptcy schedules. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause.
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Greene Ave. Restoration II Corp., In re--Greene Ave. Restoration Corp. v. Green Throop LLC
Feb
11
2019
Ruling
Defendants had no rights or interest in a property owned by the debtor as an earlier forgeddeed was void ab initio. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Mavashev, In re--Harrison v. Mavashev
Sep
28
2018
Ruling
Discharge denied as records produced by the debtor were insufficient to allow parties toascertain debtor's financial condition and business transactions. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.
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