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Atlanta Contract Glazing Inc. v. Isaac (In re Swofford)

Subcontractor filed an action against debtor alleging that he was never paid for glass work that the subcontractor performed for the debtor and that the debt should be excepted from discharge under 11 U.S.C.S. § 523(a)(6). The debtor filed a motion to dismiss.
Ruling: 
Debt was dischargeable absent showing that debtor's failure to pay was willful or malicious.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0409-051

Hastings v. Hastings (In re Hastings)

Plaintiff surety filed an adversary proceeding against defendant debtors to determine the dischargeability of a claim pursuant to 11 U.S.C.S. § 523(a)(4). The surety filed a motion for summary judgment.
Ruling: 
Debt owed to surety was nondischargeable to the extent debtors used trust res to make unauthorized payments.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0209-077

Southhall v. Check Depot Inc. (In re Southhall)

Plaintiff debtor filed for chapter 13 relief. Defendant creditor filed an unsecured proof of claim, which included the debtor's full social security number. The debtor filed an adversary proceeding against the creditor, alleging violation of the Bankruptcy Code and contempt, invasion of privacy, and violation of the Gramm-Leach-Bliley Act (GLBA). The creditor moved to dismiss.
Ruling: 
Adversary proceeding based on creditor's inclusion of debtor's full social security number in its proof of claim dismissed as it did not violate bankruptcy code or rules in effect at the time of filing.
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Consumer case opionion summary, case decided on December 19,2008, LexisNexis #0209-037

In re Majors

A mortgage creditor filed a motion for relief from the automatic stay in order to proceed with the eviction/ejectment of the chapter 13 debtor from a residential property in a state court proceeding, under 11 U.S.C.S. § 362(d). The debtor argued that cause did not exist to modify the stay, and that he had sufficient equity in the property to warrant continued protection under the stay.
Ruling: 
Relief from stay to proceed with eviction denied where creditor was protected by equity cushion in property.
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Consumer case opionion summary, case decided on December 18,2008, LexisNexis #0209-040

In re Proven Methods Seminars LLC

After filing a voluntary chapter 11 case, the debtor applied to employ bankruptcy counsel and filed several motions to continue operating. Three objecting parties filed objections to the application and motions, contending that proceedings in the case were stayed pursuant to Fed. R. Bankr. P. 1014(b) as a result of an involuntary chapter 7 petition previously filed against the debtor in another bankruptcy court.
Ruling: 
Stay in prior involuntary case did not bar granting of voluntary chapter 11 debtor's motion to employ counsel or continue operating on interim basis.
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Commercial case opionion summary, case decided on December 15,2008, LexisNexis #0409-134

In re Cutaia

Chapter 7 trustee filed an adversary proceeding against chapter 7 debtor, seeking an order denying the debtor's discharge under 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A). The case was tried to the court.
Ruling: 
Discharge denied due to debtor's postpetition sale of watch.
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Consumer case opionion summary, case decided on December 11,2008, LexisNexis #0409-127

Walton v. Cornerstone Ministries Inc.

Appellant, the United States trustee, appealed from an order of the Bankruptcy Court for the Northern District of Georgia that denied without prejudice his request for the appointment of an examiner to investigate debtor's alleged improper business dealings. The parties disputed whether 11 U.S.C.S. § 1104(c)(2) was mandatory or discretionary.
Ruling: 
Appointment of examiner mandatory where chapter 11 debtor's fixed, liquidated unsecured debts exceeded $5 million threshold.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0109-086

In re MMH Auto Group LLC

Movant, the chapter 7 trustee, asked the court to deem untimely a claim filed by the brother of the owner of debtor corporation, which debtor had owned an auto dealership, and to subordinate such claim to all timely-filed claims in certain substantively consolidated cases pursuant to 11 U.S.C.S. § 726(a)(3).
Ruling: 
Untimely filed claim subordinated to all timely filed claims.
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Commercial case opionion summary, case decided on December 05,2008, LexisNexis #0309-138

Garcia-Lawson v. Garland

Appellant chapter 13 debtor moved for a temporary restraining order and sanctions against appellee husband's attorneys, alleging that 11 U.S.C.S. § 362 imposed an automatic stay on the civil proceedings for dissolution of marriage. The bankruptcy court denied the Fed. R. Bankr. P. 8003 motion, the husband's motion for relief from the automatic stay, and the attorneys' motion to quash subpoenas. The debtor moved for leave to appeal the orders.
Ruling: 
Stay applied to marriage dissolution action only to extent property of the estate would be distributed.
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Consumer case opionion summary, case decided on December 03,2008, LexisNexis #0109-043

Trusted Net Media Holdings LLC v. Morrison Agency Inc.

Appellant debtor sought review of a judgment of the district court for the Northern District of Georgia affirming a bankruptcy court order denying on waiver grounds the debtor's motion to dismiss an involuntary bankruptcy proceeding against the debtor brought by appellee creditor pursuant to 11 U.S.C.S. § 303(b). The court granted rehearing en banc as to one issue.
Ruling: 
Requirements for commencing involuntary bankruptcy are not jurisdictional.
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Commercial case opionion summary, case decided on December 02,2008, LexisNexis #0109-100

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