(Movant’s amended motion for relief from stay to complete dispossessory proceedings against Debtor acting pro se granted. Amended motion accurately recited history of foreclosure and dispossessory proceedings between parties, including affirmation by Georgia Court of Appeals of state trial court’s grant of writ of possession. Bankruptcy Court has no authority to review state court judgment, and Debtor has presented no factual or legal basis to deny relief from automatic stay.)
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Opinions
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Judge Joyce Bihary (Retired)
Trustee’s motion to disallow Debtor’s amended exemption claim in reopened Chapter 7 case granted based on Debtor’s intentional concealment of employment claims in her schedules, statement of financial affairs, and at § 341 meeting of creditors. Trustee’s second motion to approve settlement and compromise of litigation employment claim granted.
Court granted Chapter 7 Trustee’s motion to sell Debtor’s one-half interest in certain real estate free and clear of liens with liens to attach to proceeds, pursuant to § 363(b) and (f). The motion was granted over Debtor’s pro se objection, and Debtor’s sister, who owned other one-half interest in property and supported sale, was allowed payment of one-half the amounts she had advanced in property taxes to preserve property of the estate. § 503(b)(2)(B).
Court denied discharge under § 727(a)(8) which prevents a debtor from receiving a discharge if the debtor has previously received a discharge in a case filed within the last 6 years.
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