Legal Opinion

Presidential Financial Corp. v. Snead (In Re Snead)

United States Bankruptcy Court, N.D. Georgia

Decided February 18, 1999No. 15-66743PublishedCited by 1 opinion

1Opinion of the Court

ORDER

JOYCE BIHARY, Bankruptcy Judge.

This adversary proceeding is before the Court on defendants’ motion to dismiss. Plaintiff Presidential Financial Corporation (“Presidential”) filed a complaint to determine the dischargeability of a claim under 11 U.S.C. §§ 523(a)(4) and (a)(6). This is a core proceeding under 28 U.S.C. § 157(b)(2)(I).

The issues raised in the motion to dismiss concern the effect of a lender’s failure to obtain confirmation of a foreclosure sale of real estate in Georgia on a lender’s action under § 523(a)(6) or § 523(a)(4) of the Bankruptcy Code. Specifically, this case…

2Cases cited28 opinions

  1. Bankr. L. Rep. P 71,593 Ford Motor Credit Company, a Delaware Corporation v. William B. OwensCourt of Appeals for the Eleventh Circuit · 1987
  2. Calvert Fire Insurance Company v. Environs Development Corporation, Pringle Associated Mortgage Corporation, Calvert Fire Insurance Company v. Environs Development Corporation, Pringle Associated Mortgage Corporation, O'Neal Construction Co., Movant-AppellantCourt of Appeals for the Fifth Circuit · 1979
  3. Emmons v. BurkettSupreme Court of Georgia · 1987
  4. Taylor v. ThompsonCourt of Appeals of Georgia · 1981
  5. In Re Larry Modicue and Wanda Nelson Modicue, Debtors. Friendly Finance Service Mid-City, Inc. v. Larry Modicue and Wanda ModicueCourt of Appeals for the Fifth Circuit · 1991

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3Cited by1 opinion

  1. Synovus Bank v. Brooks (In re Brooks)United States Bankruptcy Court, N.D. Georgia · 2012

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