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Summary: 162 B.R. 367 (1993) In re Virginia Ann MEEHAN, Debtor. A. Stephenson WALLACE, Chapter 7 Trustee, v. Virginia Ann MEEHAN. The Chapter 7 trustee in the above captioned case objects to debtor's claimed exemption of an Individual Retirement Account ("IRA") on the ground that the IRA is property of the estate and not entitled to be exempted under the Georgia scheme of exemptions set out in the Official Code of Georgia Annotated ("O.C.G.A.") § 44-13-100.[1] Debtor argues that the IRA is excluded from ......read more.


Summary: 165 B.R. 719 (1994) In the Matter of WELLINGTON FOODS, INC., Debtor. [1] Debtor, Wellington Foods, Inc., filed a petition under Chapter 7 of the Bankruptcy Code on April 10, 1991. Furthermore, copies of Debtor's bank account records, introduced by Trustee as an exhibit to his Motion for Summary Judgment, demonstrate that Debtor had insufficient funds in its bank accounts to cover the tax payment between the time the tax obligation was incurred and the date it was paid. In his Motion for Summary ......read more.


Summary: 296 B.R. 884 (2003) In the Matter of Stewart L. MCGLOCKLING, Debtor. Stewart L. McGlockling, Plaintiff, v. Chrysler Financial Company, LLC, Defendant. In this case, the representative personally reviewed Debtor's request and denied it because Debtor was in bankruptcy; however, he was not aware of this Debtor's payment history at the time he denied the request. See In re Powell, 223 B.R. 225, 235 (Bankr.N.D.Ala.1998) (relief from stay denied because car necessary for an effective reorganization a......read more.


Summary: 158 B.R. 302 (1993) In re DEES LOGGING, INC., Debtor. Subsequently, on April 13, 1993 the debtor filed its application to employ Ms. Tipton-Downie as its attorney nunc pro tunc to July 2, 1992. In determining the true nature of a "retainer" agreement, [b]arring a clear expression of an understanding between the debtor and debtor's attorney that the payment to the attorney made prior to the filing of a Chapter 11 bankruptcy petition and in contemplation of that petition is a flat fee for all serv......read more.


Summary: 411 B.R. 507 (2009) In the matter of Kathy A. CLARK, Debtor. Kathy A. Clark, Individually and as custodian and legal guardian of Kathryn Renea Clark, Plaintiff v. Palm Harbor Homes, Inc., Scott Lamirand, Michael Marx, and Bryan County, Defendants. On February 8, 2008, Debtor filed an adversary proceeding, and on July 8, 2008, Defendants Palm Harbor Homes, Inc. ("PHH"), Scott Lamirand ("Scott"), and Michael Marx ("Marx") filed a Motion to Dismiss Debtor's adversary. The order specifically stated:......read more.


Summary: 285 B.R. 70 (2002) In re VETERANS CHOICE MORTGAGE, INC., Debtor. On May 14, 2001, J & B Enterprises, Inc. ("J & B Enterprises") received a consent judgment for $98,755.02 against Veterans Choice Mortgage, Inc. (hereinafter "Debtor"). On December 17, 2001, the Trustee filed a Bankruptcy Rule 2014 application to employ Klosinski as special counsel in an adversary proceeding against James C. Young, Rose Young, and America's Choice Mortgage "and possibly other defendants in connection with preferent......read more.


Summary: 82 B.R. 634 (1988) In the Matter of Van Jerry BRUNSON (Chapter 7 Case XXX-XXXXX), Debtor. Sadie HARRISON, Plaintiff, v. Van Jerry BRUNSON, Defendant. 5) Van Jerry Brunson subsequently filed a chapter 7 petition in this Court on April 6, 1987. CONCLUSIONS OF LAW A debt shall be excepted from discharge under Section 523(a)(9): "(a) A discharge . . . does not discharge an individual debtor from any debt — (9) to any entity, to the extent that such debt arises from a judgment or consent decree enter......read more.


Summary: 285 B.R. 553 (2002) In the Matter of Barry Dean MICHAEL, Debtor. *554 Barry Dean Michael, pro se. Procedural Background Barry Dean Michael ("Movant"), an inmate at the Federal Correctional Institute located in Jesup, Georgia, filed pro se a Chapter 7 petition for relief on September 28, 2000. Debtor contends that there is authority for the Court to permit Debtor to participate in the meeting of creditors and other bankruptcy hearings telephonically and cites two non-bankruptcy cases wherein witn......read more.


Summary: 231 B.R. 397 (1999) In the Matter of James L. COLEMAN, Debtor. CONCLUSIONS OF LAW 11 U.S.C. § 1329 provides as follows: (a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, upon request of the debtor, the *399 trustee, or the holder of an allowed unsecured claim, to — (1) increase or reduce the amount of payments on claims of a particular class provided for by the plan; (2) extend or reduce the time for such payments; or ......read more.


Summary: 285 B.R. 76 (2002) In re James Thomas RUSHTON, Jr. and Dorothy Newman Rushton, Debtors. Inc., Movant, v. James Thomas Rushton, Jr. and Dorothy Newman Rushton, Debtors and Barnee C. Baxter, Chapter 13 Trustee, Respondents. James and Dorothy Rushton (hereinafter "Debtors") oppose Conseco's motion. Conseco asserts that service of Debtors' objection was improper because Debtors failed to send notice to Conseco's counsel as per its request for notices. Because Debtors failed to serve their objection ......read more.


Summary: 164 B.R. 189 (1994) In re DIAMOND MANUFACTURING COMPANY, INC., Debtor. GEORGIA PORTS AUTHORITY, Plaintiff, v. DIAMOND MANUFACTURING COMPANY, INC. and W. Jan Jankowski, Trustee, Defendants. Defendants, Diamond Manufacturing Company, Inc. ("debtor") and W. Jan Jankowski, Chapter 7 Trustee ("the Trustee") in the underlying case, move for summary judgment as to all of plaintiff's claims in this adversary proceeding pursuant to Federal Rule of Civil Procedure ("FRCP") 56 made applicable by Federal Ru......read more.


Summary: 171 B.R. 420 (1994) In re James Earnest WILLIAMS, Gail L. Williams, Debtors. August 22, 1994. MEMORANDUM OPINION JAMES D. WALKER, Jr., Bankruptcy Judge. FINDINGS OF FACT James Williams ("Debtor") filed his petition under Chapter 13 of the Bankruptcy Code on January 6, 1994. CONCLUSIONS OF LAW Movant asks this Court for relief under 11 U.S.C. § 365(d)(4), which provides: Notwithstanding paragraphs (1) and (2), in a case under any chapter of this title, if the trustee does not assume or reject an ......read more.


Summary: 386 B.R. 915 (2007) In the matter of Brian E.GRENCHIK, Robin M. Grenchik, Debtors. Darby Bank & Trust, Movant v. Brian E. Grenchik, Robin M. Grenchik and O. Byron Meredith, III, Chapter 13 Trustee, Respondents. Darby Bank & Trust ("Darby") filed an Objection to Confirmation and a Motion for Relief from Stay, Darby asked the Court to dismiss Debtors' case or grant stay relief because Debtors' unsecured debt exceeds the limit of $336,900.00 established by 11 U.S.C. § 109(e), rendering Debtors inel......read more.


Summary: 316 B.R. 753 (2004) In the Matter of Gregg W. GUSTAFSON, Debtor. Edward Clift, Plaintiff, v. Gregg W. Gustafson, and Ray "Chaz" Chaney, Jr., Defendants. Gregg Gustafson ("Debtor") filed for relief under Chapter 13 of the Bankruptcy Code on September 3, 2003. In filing the current adversary complaint, Plaintiff has objected to the note and security deed in favor of Chaney and *755 has prayed for relief based on five counts: 1) the note and security deed were executed by Debtor with the actual int......read more.


Summary: 363 B.R. 629 (2007) In the matter of FRIEDMAN'S, INC., et al., Debtors. James Dunlap, on behalf of himself and others similarly situated, Plaintiffs, v. Friedman's, Inc., d/b/a Friedman's Jewelers, a Delaware Corporation, American Bankers Insurance Company of Florida, Inc., American Bankers Life Assurance Company of Florida, et al., Defendants. See Friedman's, Inc. v. Dunlap, 290 F.3d 191 (4th Cir.2002); Dunlap v. Friedman's, Inc., 331 B.R. 674 (S.D.W.Va.2005); Dunlap v. Friedman's, Inc., 213 W.......read more.


Summary: 456 B.R. 627 (2011) In re Henri J. ARSENAULT, Sheila B. Arsenault, Debtors. Henri J. Arsenault, Sheila B. Arsenault, Plaintiffs v. JP Morgan Chase Bank, N.A., Defendant. The matter before me is JP Morgan Chase Bank, N.A.'s ("Chase['s]") motion to dismiss the complaint filed by Henri and Sheila Arsenault ("Debtors" or "Plaintiffs"). Debtors contend Chase's failure to cause the Property to be transferred out of Debtors' names is a veiled attempt to collect a debt in violation of the automatic stay......read more.


Summary: 260 B.R. 577 (2000) In re Brad DEEN and Stephane Deen, Debtors. Findings of Fact Brad and Stephane Deen ("Debtors") filed a petition for relief under Chapter 13 of the Bankruptcy Code on February 3, 2000. On Schedule H, Debtors indicated that Debtor Brad Deen's father, Robert Lamar Deen, Sr. ("Codebtor"), endorsed Brad Deen's debt to Creditor. Creditor filed its request for relief from the codebtor stay[1] imposed by 11 U.S.C. § 1301[2] on May 1, 2000, alleging that it held an unsecured claim in......read more.


Summary: 231 B.R. 136 (1999) In re David ROBERSON, Debtor. Findings of Fact In early August, 1993, David Roberson ("Debtor"), an attorney licensed to practice law in the State of Georgia, agreed to act as settlement, closing, and escrow agent for the predecessor of SunTrust Bank, Trust Company of Georgia Bank of Savannah, N.A., ("SunTrust"), in relation to a refinancing of a piece of property owned by Roy L. Allen, II ("Allen"). SunTrust has asked this Court to determine the $89,634.15 debt is nondischar......read more.


Summary: 183 B.R. 329 (1995) In re Sarah A. GOODWIN, Debtor. Where the debtor and creditor are in agreement for the late claim to be filed, and where the debtor is willing to modify the plan to increase the payments into the plan in order to maintain the confirmation dividend, no party is harmed by allowing the late proof of claim.


Summary: 215 B.R. 92 (1997) In re Jimmy L. POPE and Lois C. Pope, Debtor. This matter comes before the Court on Objections to Confirmation by BankAmerica Housing Services ("Creditor") and the Chapter 13 Trustee ("Trustee") on the grounds that the Chapter 13 plan as proposed by Jimmy L. Pope and Lois C. Pope ("Debtors") violates 11 U.S.C. § 1325(a)(3), (5) & (6). On February 13, 1997 Debtors filed this Chapter 13 case. In either event, Debtor proposes to pay unsecured creditors a ten percent dividend. In ......read more.