Farnham, In re
Dec
20
2024
Ruling
Debtor's right to dismiss was superior to arguments concerning the debtor's eligibility for Chapter 13 as long as the case was not previously converted. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Farnham, In re
Sep
06
2024
Ruling
Creditors' request to vacate the bankruptcy court's order dismissing debtor's Chapter 13 case failed as debtor had an unambiguous right to voluntarily dismiss his case. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Jenkins, In re--Jenkins v. TitleMax of Ga., Inc.
Jun
10
2022
Ruling
Debtor's motion for turnover of repossessed vehicle denied as the redemption period expiredprepetition and the vehicle did not become property of the estate at filing. (Bankr. M.D. Ga.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Court
:
- 11 U.S.C.
Heard, In re
Oct
12
2021
Ruling
Debtor's motion to continue denied as he had been given ample time to address his propertyvaluation issue and his 11 U.S.C.S. 1224 motion should have been filed long ago. (Bankr. M.D.Ga.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Denial
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Court
:
- 11 U.S.C.
Osborne, In re--Shaw v. Osborne
Sep
30
2020
Ruling
Debt was dischargeable as the creditor failed to carry her burden of showing debtor’sintention to mislead, defraud, or induce reliance. (Bankr. M.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC
Jan
07
2019
Ruling
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
- 11 U.S.C.
In re Cochran
Sep
01
2016
Ruling
Plan including final balloon payment to secured creditor could be confirmed. (Bankr. M.D. Ga.)
Issue(s)
Whether a Chapter 13 plan that calls for distributions in the form of monthly payments followed by a balloon payment to a creditor holding a claim secured by the debtor's real property complies with 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I).
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Court
:
- 11 U.S.C.
Bradford v. United States Dept of the Treasury (In re Bradford)
Jul
19
2015
Ruling
IRS exaction based on early withdrawal from retirement account was not a tax entitled to priority status.
Issue(s)
Was an exaction by the IRS based on debtor's early withdrawal from a retirement account a tax that should be granted priority status?
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Court
:
- 11 U.S.C.
Paul v. S. Ga. Title Pawn (In re Paul)
Feb
13
2015
Ruling
Debtor not entitled to turnover of pawned motor vehicle that was not redeemed prior to expiration of statutory redemption date.
Issue(s)
Was debtor entitled to the turnover of a pawned motor vehicle that was repossessed prior to the petition date?
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Court
:
- 11 U.S.C.
Shubert v. Murray (In re Shubert)
Jan
22
2015
Ruling
Garnished funds held by state magistrate court on petition date were property of the estate.
Issue(s)
Should state magistrate court be required to relinquish garnished funds being held on the petition date?
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Court
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