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Citation: 374 B.R. 362 | Docket No.: 19-40157
Status: Published | Citing: 12
Summary: 374 B.R. 362 (2006) In the matter of Jeffrey DAVIS, Debtor. Jeffrey Davis, Plaintiff, v. Matt Gay Chevrolet, Inc. and Linda Gay, Defendants. A hearing on this matter was held on September 21, 2006. CONCLUSIONS OF LAW At both the May 25, 2006 and the September 21, 2006 hearings, the Plaintiff acknowledged that all relevant documents pertaining to the vehicle were solely in the name of Ruby Lee Young. See, e.g., In re VanZant, 210 B.R. 1011, 1016 (Bankr.S.D.Ill.1997)("Under the Bankruptcy Code, a ......read more.


Citation: 229 B.R. 44 | Docket No.: 19-50044
Status: Published | Citing: 10
Summary: 229 B.R. 44 (1998) In re Costas J. GUST, Debtor. Costas J. Gust, Movant, v. United States of America acting by and through the Internal Revenue Service, Respondent. The debtor, Costas J. Gust ("Debtor"), objects to the secured status of the claim filed by the United States of America acting by and through the Internal Revenue Service, ("IRS").


Citation: 240 B.R. 917 | Docket No.: 14-40202
Status: Published | Citing: 13
Summary: 240 B.R. 917 (1999) In re James A. RINKER, Sr., Debtor. James A. Rinker, Sr., Plaintiff, v. United States of America Acting by and Through the Internal Revenue Service, Defendant. James A. Rinker, Sr. ("Plaintiff"), brought this adversary proceeding against the United States of America acting by and through the Internal Revenue Service ("IRS") to determine the dischargeability of certain obligations due the IRS arising from taxable years 1983, 1984, and 1985. In re Burke, at 415 (citing Olson v.......read more.


Citation: 258 B.R. 303 | Docket No.: 19-60016
Status: Published | Citing: 58
Summary: 258 B.R. 303 (2001) In re Sandra WILSON, Debtor. Sandra Wilson, Plaintiff, v. South Carolina State Education Assistance Authority, Defendant. [2] Sandra Wilson ("Debtor") filed a Chapter 7 case in this Court on May 10, 2000. [3] 11 U.S.C. § 523(a)(8) provides in pertinent part: (a) A discharge under section 727 . . . of this title does not discharge an individual debtor from any debt- (8) for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made ......read more.


Citation: 336 B.R. 594 | Docket No.: 19-10138
Status: Published | Citing: 13
Summary: 336 B.R. 594 (2005) In the matter of DURANGO GEORGIA PAPER COMPANY DURANGO GEORGIA CONVERTING CORP., and DURANGO GEORGIA CONVERTING, LLC, Debtor No. 02-21669. MEMORANDUM AND ORDER ON OBJECTION FILED BY ENVIRONMENTAL PROTECTION DIVISION OF GEORGIA DEPARTMENT OF NATURAL RESOURCES AND MOTION TO INTERVENE FILED BY GEORGIA CONSERVANCY ET AL. The Environmental Protection Division of the Georgia Department of Natural Resources ("State") filed a limited objection to the portion of the Bidding Procedures......read more.


Citation: 108 B.R. 847 | Docket No.: 14-20087
Status: Published | Citing: 10
Summary: 108 B.R. 847 (1989) In the Matter of James D. SANDERS, Mary Ann Sanders, Debtors. James D. SANDERS, Mary Ann Sanders, Plaintiffs, v. AMSOUTH MORTGAGE COMPANY, INC., Defendant. 3) On October 5, 1988, James D. Sanders and Mary Ann Sanders filed a Chapter 13 petition.


Citation: 65 B.R. 893 | Docket No.: 19-50054
Status: Published | Citing: 13
Summary: 65 B.R. 893 (1986) In the Matter of Timothy Robert HALE, Kelly Ann Hale, Debtors. A hearing on confirmation of the Debtors' Chapter 13 case was held on September 18, 1986. Following the Court's inquiry, Debtors' counsel moved for confirmation of their Chapter 13 plan asserting that Debtors' proposed to pay all of their "projected disposable income" for three years to the plan as contemplated by 11 U.S.C. Section 1325(b)(1). Debtors thus squarely pose the question of what effect the passage of 11......read more.


Citation: 421 B.R. 597 | Docket No.: 14-41275
Status: Published | Citing: 19
Summary: 421 B.R. 597 (2010) In re Wesley Allen HARRIS, Debtor. Before the Court is the Motion for Relief from Stay filed by Habersham Bank ("the Bank") seeking stay relief based upon Wesley Allen Harris's ("Debtor") stated intent to retain the Bank's collateral without entering into a reaffirmation agreement. 11 U.S.C. § 521(a)(6) states in pertinent part: (a) The debtor shall: (6) in a case under chapter 7 of this title in which the debtor is an individual, not retain possession of personal property as......read more.


Citation: 219 B.R. 324 | Docket No.: 15-11614
Status: Published | Citing: 26
Summary: 219 B.R. 324 (1998) In the Matter of FIRST AMERICAN HEALTH CARE OF GEORGIA, INC. and its wholly owned subsidiaries (Chapter 11 Case Number 96-20188), Debtors. IHS OF BRUNSWICK, INC. and Integrated Health Services, Inc., Plaintiffs, v. STATE OF MICHIGAN, Medical Services Administration, Department of Community Health, and United States of America, Department of Health and Human Services, Through the Health Care Financing Administration, Defendants. Lawrence B. Lee, Asst. U.S. Atty., Southern Dist......read more.


Citation: 374 B.R. 366 | Docket No.: 98-50807
Status: Published | Citing: 16
Summary: 374 B.R. 366 (2007) In the matter of Jeffrey DAVIS, Debtor. Jeffrey Davis, Plaintiff, v. Matt Gay Chevrolet, Inc. and Linda Gay, Defendants. See 11 U.S.C. § 362(k)(1); In re Seal, 192 B.R. 442, 456 (Bankr.W.D.Mich.1996)("A creditor who willfully violates the automatic stay and thereby causes injury to a debtor must pay actual damages, costs and attorneys' fees and, if warranted, punitive damages."). In calculating the Debtor's lost wages, the Court turns to the Debtor's testimony at the December......read more.


Citation: 358 B.R. 816 | Docket No.: 15-20289
Status: Published | Citing: 12
Summary: 358 B.R. 816 (2007) In re: Stacey J. JAMES, Debtor. Upon the Court's denial of the Motion, Debtor's counsel immediately requested the Court deny the motion as moot, arguing that since no collection action was taken against the Debtor prior to the commencement of the current case, the automatic stay terminates as to no creditors, *817 thereby mooting the motion. CONCLUSIONS OF LAW At issue is the meaning of the terms "action taken" in 11 U.S.C. § 362(c)(3)(A) which provides in pertinent part: (c)......read more.


Citation: 285 B.R. 763 | Docket No.: 19-50061
Status: Published | Citing: 15
Summary: 285 B.R. 763 (2001) In the matter of Ernest Carroll PRESCOTT, Debtor. Debtor Ernest Carroll Prescott ("Debtor") filed his Chapter 7 case on April 27, 2001. The question is whether Prescott retains an ownership interest in the property which he may sell or whether Adams, as a matter of state law, terminated any remaining interest Debtor might have in the property by virtue of the November 9, 2000, letter to Debtor. See In re Verdi, 244 B.R. at 497 (concluding that debtor's realty interest was pro......read more.


Citation: 386 B.R. 919 | Docket No.: 18-41506
Status: Published | Citing: 38
Summary: 386 B.R. 919 (2008) IN the Matter of Nathaniel HEYWARD, Debtor. See, e.g., In re Nance, 371 B.R. 358, 369 (Bankr.S.D.Ill.2007); In re Grant, 364 B.R. 656, 663 (Bankr.E.D.Tenn.2007); In re Frederickson, 368 B.R. 825, 829-30 (Bankr.E.D.Ark.2007)(in dicta); In re Luton, 363 B.R. 96, 101 (Bankr.W.D.Ark. 2007); In re Slusher, 359 B.R. 290, 305 (Bankr.D.Nev.2007): In re Cushman, 350 B.R. 207, 212-13 (Bankr.D.S.C.2006); In re Girodes, 350 B.R. 31, 35 (Bankr. M.D.N.C.2006); In re Davis, 348 B.R. 449, 45......read more.


Citation: 258 B.R. 316 | Docket No.: 15-20817
Status: Published | Citing: 5
Summary: 258 B.R. 316 (2001) In re Billy CARROLL, Debtor. After reopening his case, Billy Carroll ("Debtor") filed a motion to avoid the judgment lien of Memorial Medical Center, Inc. ("Memorial") pursuant to 11 U.S.C. § 522(f)(1). Section 522(f)(1) states in pertinent part: notwithstanding any waiver of exemptions . . ., the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under s......read more.


Citation: 162 B.R. 367 | Docket No.: 17-50843
Status: Published | Citing: 37
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.


Citation: 165 B.R. 719 | Docket No.: 19-40167
Status: Published | Citing: 25
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.


Citation: 296 B.R. 884 | Docket No.: 19-20086
Status: Published | Citing: 22
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.


Citation: 158 B.R. 302 | Docket No.: 19-10106
Status: Published | Citing: 19
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.


Citation: 411 B.R. 507 | Docket No.: 19-10125
Status: Published | Citing: 13
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.


Citation: 285 B.R. 70 | Docket No.: 19-60052
Status: Published | Citing: 13
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.