Bankruptcy Court for the Southern District of Georgia Court Cases

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  1. In Re Johnson (2006)

    Barnee Baxter, the Chapter 13 Trustee (the "Trustee"), objects to the confirmation of both of the above-named cases. In addition, the First Bank of Georgia (the "Bank") objects to the plan filed by Donald and Carol Johnson (the "Johnsons") for substantially similar reasons. These matters are core proceedings over which the Court has jurisdiction under 28 U.S.C. § 157(b)(2)(L).


    Court: Bankruptcy Court for the Southern District of Georgia Docket: 05-13992, 05-14114
  2. In Re Carver (2006)

    This matter comes before the Court on HSBC Auto Finance's objection to plan 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 Southern District of Georgia Docket: 05-51909-JDW
  3. In Re Coleman (1999)

    Debtor's Chapter 13 case was filed on April 27, 1998. At the time of filing Debtor owned a 1995 Chevrolet Corvette which he valued at $21,775.00. First Liberty Bank was duly scheduled as a creditor holding a security interest in that vehicle holding a claim listed for $27,500.00, of which $21,775.00 was scheduled as secured and $5,725.00 was scheduled as unsecured. Debtor's plan proposed that regular post-petition payments on the 1995 Chevrolet be made directly to First Liberty as they came [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 98-41249
  4. In Re Cribbs (2008)

    The United States Trustee filed a Motion to Dismiss this Chapter 7 case under the provisions of 11 U.S.C. § 707(b) which provides in relevant part that a case may be dismissed if a court finds that the granting of Chapter 7 relief "would be an abuse of the provisions of this chapter." Debtors' counsel and counsel for the United States Trustee entered a stipulation of facts which provides that "the presumption of abuse arises in this case." Exhibit UST-1. Under § 707(b)(2)(B), a presumption of [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: 07-41342
  5. In Re Brown (2006)

    These consolidated matters come before the Court on objections to confirmation filed by certain secured creditors in each of the above Chapter 13 cases. These matters are core proceedings over which the Court has jurisdiction under 28 U.S.C. § 157(b)(2)(L).


    Court: Bankruptcy Court for the Southern District of Georgia Docket: 05-21764, 05-21788, 05-21821
  6. In Re Whitaker (2006)

    By motion filed January 17, 2006, the debtors Jonathan and Angie Whitaker (the "Debtors" or "Movants") seek to reinstate the automatic stay of 11 U.S.C. § 362(a). The Debtors seek this relief pursuant to § 362(c)(4) of the Bankruptcy Code.[1] The Debtors are not entitled to a reinstatement of the automatic stay (the "stay") under that subsection. Nor does subsection 362(c)(3)(B) authorize its reinstatement.[2] Instead, I rely on the authority conferred by § 105(a) of the Bankruptcy Code to [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: 05-14169
  7. Matter of Rivers (1997)

    This matter comes before the Court on Complaint to Determine Dischargeability by Terrilyn C. Rivers ("Debtor"). The debt in question is a consolidated student loan held by United Student Aid Funds, Inc. ("Defendant"). This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(I). After considering the pleadings, evidence presented and applicable authorities, the Court enters the following findings of fact and conclusions of law in compliance with Federal Rule of Bankruptcy Procedure [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 96-41655, Adversary No. 96-04212A
  8. In Re Pate (1996)

    Marcia L. Pate (hereinafter "Debtor") brings this adversary proceeding against Melvin Williams Manufactured Homes, Inc. and Greentree Financial Corporation (hereinafter "Greentree") asserting state law claims for violation of the Uniform Commercial Code — Sales as adopted in Georgia, Georgia Motor Vehicle Sales Finance Act and fraud and for violation of the Federal Truth in Lending Act arising out of the Debtor's purchase and financing of a mobile home from the Defendants. The Defendants [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 95-10919. Adv. No. 95-01107A
  9. In Re Headrick (1996)

    The Georgia Department of Revenue (hereinafter "Georgia") by motion seeks to alter or amend the order dated September 26, 1996 denying Georgia's motion for summary judgment in this adversary proceeding filed by Raymond and Cynthia Headrick (hereinafter "Debtors") alleging violations of the automatic stay, 11 U.S.C. § 362[1]. The Court has jurisdiction to hear the complaint as a core bankruptcy proceeding under 28 U.S.C. § 157(b)(2)(A)(B) & (O). The motion is denied.


    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 94-12007, Adversary No. 96-01027A
  10. In Re Headrick (1996)

    Raymond and Cynthia Headrick (hereinafter "Debtors") filed this complaint against the State of Georgia acting through its agency the Department of Revenue (hereinafter "Georgia") alleging violations of the automatic stay, 11 U.S.C. § 362[1]. Georgia moved for summary judgment, asserting sovereign immunity and that its actions did not violate the automatic stay as a matter of law. The Debtors filed a response and a counter motion for summary judgment. Both motions are denied.


    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 94-12007. Adversary No. 96-01027A
  11. In Re Carter (2001)

    By motion, Michael J. Carter and Rebecca Carter ("Debtors") seek to reopen their Chapter 13 case pursuant to 11 U.S.C. § 350(b) to amend their schedules to reflect a tort claim that arose almost three years post-confirmation. Because the tort claim was not property of the estate, the motion to reopen is denied as unnecessary.


    Court: Bankruptcy Court for the Southern District of Georgia Docket: 95-30217
  12. In Re Burke (1996)

    Gary and Pamela Burke (hereinafter "Debtors") filed this action against the State of Georgia acting through its agency the Department of Revenue (hereinafter "Georgia") alleging a violation of the discharge injunction of 11 U.S.C. § 524(a).[1] Georgia moved to dismiss the complaint asserting sovereign immunity and that it committed no willful violation of the discharge injunction as a matter of law. The motion is denied.


    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 92-11482. Adversary No. 95-01050A
  13. In Re Burke (1996)

    Gary and Pamela Burke (hereinafter "Debtors") filed their complaint against the State of Georgia acting through its agency the Department of Revenue (hereinafter "Georgia") alleging a violation of the discharge injunction of 11 U.S.C. § 524(a).[1] Georgia filed this motion to alter or amend this court's order denying Georgia's motion to dismiss for lack of jurisdiction. Burke v. Georgia (In re Burke), 200 B.R. 282 (Bankr. S.D.Ga.1996). The motion is denied. The facts necessary to resolve this [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 92-11482, Adversary No. 95-01050A
  14. In Re Bishop (2003)

    Lorenzo Bishop, Jr. ("Debtor") filed for Chapter 13 bankruptcy protection on January 31, 2002. Debtor listed Firstar Bank as a secured creditor holding two claims, one of which was secured by a 2000 Pontiac Grand Prix and the other by a 1998 Ford F-150 truck ("the truck"). A proof of claim regarding the truck was filed by "U.S. Bank, a/k/a Firstar Bank" (hereinafter "Bank"), and Debtor surrendered the Grand Prix to Bank. On June 11, 2002, this Court confirmed Debtor's Modified Plan of [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 02-40352, Adversary No. 02-4130
  15. In Re Lewis (2006)

    By motion, the Chapter 13 Trustee seeks dismissal of each of these chapter 13 cases based solely on 11 U.S.C. § 1328(f) contending that since these debtors are ineligible to receive a discharge upon completion of any confirmed plan, they are ineligible for chapter 13 relief. The Trustee is incorrect.


    Court: Bankruptcy Court for the Southern District of Georgia Docket: 05-14070, 05-14078
  16. In Re Johnson (1999)

    Raymond Johnson, Jr., and Annette Johnson ("the Johnsons") seek to modify their confirmed Chapter 13 plan to surrender collateral in satisfaction of the secured claim of Davis-McGraw, Inc. ("Davis-McGraw") and to allow any resulting deficiency following sale of the collateral as an unsecured claim. Davis-McGraw objects asserting that the dollar amount of their allowed secured claim was determined at confirmation, and cannot be satisfied nor altered by surrendering collateral which has since [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: 97-13584
  17. In Re Denton (2007)

    This matter comes before me on the Motion for Contempt ("Motion") filed by Clyde W. Royals, counsel for the Debtor ("Debtor's Counsel"), against M. Elaina Massey, the chapter 13 trustee ("Trustee"). The Motion is a core proceeding under 28 U.S.C. § 157(b)(2)(A).


    Court: Bankruptcy Court for the Southern District of Georgia Docket: 06-50467
  18. In Re Bowen (1994)

    This matter is before the Court on cross motions for summary judgment filed by William Stephen Bowen ("Debtor") and the Internal Revenue Service ("IRS"). At issue is the res judicata effect of a confirmed plan of reorganization, the ability of a debtor under Chapter 11 to "strip down" the liens of a creditor to the value of the property pursuant to 11 U.S.C. § 506, and the ability of a debtor to offset individual tax liabilities against a refund allegedly due to a closely held corporation. [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 92-50010. Adv. No. 93-05033A
  19. In Re Teeslink (1994)

    The matter before me is the disposition of two related adversary proceedings brought by debtor Charles Rex Teeslink against the United States of America, Department of the Treasury, Internal Revenue Service, A Government Agency of the United States of America ("IRS") and James D. Walker, Jr. the Chapter 7 case trustee. In adversary proceeding number 92-01077A debtor seeks a determination that tax liabilities for the years 1979 through 1986 were discharged in his chapter 7 case. In adversary [...]

    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 91-10189. Adv. Nos. 92-01077A, 93-01077A
  20. In Re Thomas (1995)

    Came on for hearing confirmation of debtors' amended plan under Chapter 13 of Title 11, United States Code, and the objection to confirmation filed by Norwest Financial Georgia, Inc. ("Norwest"). Norwest's objection was filed in response to the original plan and motion, which proposed to avoid the lien of Norwest under 11 U.S.C. § 522(f):


    Court: Bankruptcy Court for the Southern District of Georgia Docket: Bankruptcy No. 94-10572

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