Bankruptcy Court for the Middle District of Georgia Court Cases

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  1. Matter of Cavalier Homes of Georgia, Inc. (1989)

    An involuntary petition under Chapter 7 of the Bankruptcy Code was filed against Cavalier Homes of Georgia, Inc., Debtor, on January 31, 1986. The Court entered an order for relief against Debtor on March 6, 1986.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 86-50187, Adv. No. 87-5041
  2. In Re Elder (1981)

    Garnishment was begun prior to bankruptcy. Garnishor and Garnishee knew of the bankruptcy one day after bankruptcy was filed. Essentially, both continued as if no bankruptcy had been filed. Debtor sought aid of Bankruptcy Court, and herein both are found to be in violation of the automatic stay and required to pay attorney's fees to Debtor's attorney.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 81-60026-THOM, Adv. No. 81-6028-THOM
  3. In Re Graupner (2006)

    Before the Court is creditor Nuvell Credit Corporation's (hereinafter, "Nuvell") objection to the confirmation of Debtor's Chapter 13 Plan wherein Nuvell's secured claim, in Debtor's 2005. Chevrolet Silverado would be bifurcated into secured and unsecured portions and "crammed down." At issue is whether Nuvell holds a purchase money security interest in Debtor's vehicle. A matter of apparent first impression in this District and this state, the Court must specifically determine whether under [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: 06-40237 JTL
  4. In Re Day (2000)

    Rachelle L. Day, Movant, filed on November 1, 1999 a Motion for Modification of Plan After Confirmation. Systems & Services Technologies, Inc., Respondent, filed a response on November 17, 1999. A hearing on Movant's motion was held on February 14, 2000. The Court, having considered the evidence presented and the arguments of counsel, now publishes this memorandum opinion.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 97-54023 RFH
  5. In Re Keenom (1999)

    This matter comes before the Court on Motion to Reopen Chapter 7 Case by Thurman L. and Candace J. Keenom ("Debtors"). This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(A). After considering the pleadings, evidence and applicable authorities, the Court enters the following findings of fact and conclusions of law in compliance with Federal Rule of Bankruptcy Procedure 7052.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 97-51503-JDW
  6. Matter of Georgia Steel, Inc. (1984)

    On September 3, 1981, Georgia Steel, Inc., d/b/a Eastern Crane & Equipment, d/b/a Plate Services, d/b/a Georgia Structurals, and d/b/a Quickwork, Debtor, filed with this Court its petition under Chapter 11 of the United States Bankruptcy Code. On September 14, 1982, Atlanta Gas Light Company filed an application in Debtor's Chapter 11 case for the payment of an administrative expense in the amount of $12,823.82. Debtor objected to the application on the ground that Atlanta Gas had received [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 81-50966-Mac, Adv. No. 83-5010
  7. Matter of Morgan (1990)

    Loran Leggett and Ralph D. Herin, Movants, filed a motion for relief from the automatic stay of the Bankruptcy Code on May 9, 1990. Movants seek to evict Terry Gene Morgan and Pamela Carter Morgan, Debtors, from their residence. A hearing was held on May 29, 1990. The Court, having considered the evidence presented and the arguments of counsel, now publishes this memorandum opinion.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 90-51184
  8. In Re Jackson (2006)

    This matter comes before the Court on Nissan Motor Acceptance Corp.'s objection to confirmation. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(L). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: 05-58183-JDW
  9. Matter of Wilson (1983)

    On July 6, 1982, Defendant Henry David Wilson filed with this Court his voluntary petition under Chapter 7 of the Bankruptcy Code. On October 7, 1982, Plaintiff John A. Milam filed a "Complaint to Determine Dischargeability of Debts under 11 U.S.C. 523, and Objecting to Discharge under 11 U.S.C. 727." Plaintiff's complaint came on for trial by the Court on July 19, 1983.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 82-50719-Mac, Adv. No. 82-5304
  10. Matter of Blackburn (1987)

    Dennis Edward Blackburn, Debtor, filed a petition for relief under Chapter 7 of the Bankruptcy Code on July 22, 1985. On July 11, 1986, J. Coleman Tidwell, Trustee,[1] filed a complaint against Chrysler Credit Corporation, Defendant, asserting that Defendant had received a preferential transfer which should be avoided.[2] Trustee alleges that Defendant failed to perfect its security interest in Debtor's pickup truck within the twenty-day grace period provided under state law,[3] and that the [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 85-50998, Adv. No. 86-5061
  11. In Re Murray (2006)

    This matter came before the Court for hearing on April 4, 2006, for confirmation of Debtors' Chapter 13 plan and the Objection to Confirmation filed by creditor Nuvell Financial Services Corp. (hereinafter, "Nuvell") on January 11, 2006. At the conclusion of the hearing, the Court took the issue of confirmation under advisement, specifically, to consider the meaning of the "hanging paragraph" added to 11 U.S.C. § 1325(a)[1] by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: 05-48017 JTL
  12. Matter of Dempster (1984)

    On July 21, 1981, Alexander Pollock Dempster, III, d/b/a A.P. Dempster, III, Sandy Dempster, d/b/a Dempster's Appliance Sales & Service, Dempster's Appliance Repair, Debtor, filed his voluntary petition under Chapter 7 of the United States Bankruptcy Code. Mr. J. Coleman Tidwell was appointed as trustee of Debtor's bankruptcy estate, and on January 12, 1983, Mr. Tidwell, Plaintiff, filed a complaint under 11 U.S.C.A. § 547 (West 1979), in which he seeks to recover certain transfers made by [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 81-50769-Mac
  13. In Re Usry (1989)

    On August 18, 1989, a hearing was held on the Debtors' Motion for Determination of Secured Status. In each case, the Debtors and the respective Respondents have stipulated and entered into consent orders as to the fair market value of the real property under consideration. At the conclusion of the hearing, the issue before this court was whether the amount of the allowed secured claim of a creditor is an amount equal to the fair market value of the creditor's interest in its collateral, or [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy Nos. 89-10289-ALB, 89-10381-ALB, 89-282-ALB and 89-10295-ALB
  14. In Re Ring (1993)

    On May 13, 1993, the court held a hearing on the Chapter 7 Trustee's Motion for Partial Summary Judgment. The counsel for the parties stipulated that the only issue before the court was whether the disaster payments were property of the estate. At the conclusion of the hearing, the court took the matter under advisement to allow the Defendants the opportunity to submit briefs on the issue of whether the crop disaster payments from the Agriculture Stabilization and Conservation Service were [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 92-70025-VAL. Adv. No. 92-7038-VAL
  15. In Re Green (2006)

    This matter comes before the Court on the objection of Wells Fargo Financial Georgia, Inc. to confirmation of Debtor's Chapter 13 plan. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(L). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: 06-50410-JDW
  16. Matter of King (1988)

    On May 8, 1987, TV Tempo, Inc., Debtor, and Paul M. King, Debtor, each filed a separate petition for relief under Chapter 11 of the Bankruptcy Code. M. Usman Mirza and Melora P. Mirza, Movants, were listed in each case as unsecured creditors holding a disputed claim in the amount of $1,200,000. Movants' claims were being asserted in a civil suit filed in the 288th Judicial District, Bexar County, Texas, in which both Debtors were named as defendants. The Texas litigation was pending at the [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy Nos. 87-30201, 87-30202
  17. Matter of Farmer (1997)

    This matter comes before the Court on a Request for Recovery filed by Walter W. Kelley, Trustee, presenting the question of when it is appropriate, under 11 U.S.C. § 550(a), to award the monetary value of the property interest transferred in lieu of the property interest itself when the transfer is voidable as a preference. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(F). After considering the pleadings, evidence presented and applicable authorities, the Court enters the [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 95-10653, Adversary No. 96-1051
  18. In Re McTyeire (2006)

    This matter comes before the Court on Charles R. Hunt's suit on contract and Daniel and Shawn McTyeire's counterclaim for failure to fully disclose fees and violation of the discharge injunction. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(O). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 03-10605-JDW. Adversary No. 05-1013
  19. Matter of Hirsch-Franklin, Enterprises, Inc. (1986)

    Hirsch-Franklin Enterprises, Inc. (Debtor), filed a petition under Chapter 7 of the Bankruptcy Code on January 26, 1982. On January 29, 1982, Debtor's case was converted to Chapter 11, and this Court confirmed Debtor's plan of reorganization on July 26, 1983. On July 24, 1984, Debtor's case was converted back to Chapter 7, and William M. Flatau was appointed as the trustee. Mr. Flatau, as trustee (Plaintiff), filed an adversary proceeding on January 25, 1985, against F. Ray Jackson, Tax [...]

    Court: Bankruptcy Court for the Middle District of Georgia Docket: 82-50080, Adv. P. No. 85-5008
  20. Matter of Lummus Industries, Inc. (1996)

    Blue Cross and Blue Shield of Georgia, Inc., Defendant, filed on December 18, 1995, a motion for summary judgment. The Official Creditors' Committee of Lummus Industries, Inc. on Behalf of Lummus Industries, Inc., Plaintiff, filed on December 18, 1995, a motion for partial summary judgment. The Court, having considered the record, the stipulation of facts, and the briefs of counsel, now publishes this memorandum opinion on the motions for summary judgment.


    Court: Bankruptcy Court for the Middle District of Georgia Docket: Bankruptcy No. 92-41530. Adv. No. 94-4053

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