Legal Opinion
Najarian Capital, LLC v. Cunningham (In re Cunningham)
United States Bankruptcy Court, N.D. Georgia
Decided May 7, 2019No. CASE NO. 18-59411-BEM; ADVERSARY PROCEEDING NO. 18-5223-BEMPublishedCited by 1 opinion
1Opinion of the Court
Barbara Ellis-Monro, U.S. Bankruptcy Court Judge
This proceeding was commenced on September 17, 2018, when James D. Cunningham, Defendant herein ("Movant") removed a dispossessory proceeding from DeKalb County Magistrate Court (the "Magistrate Court") to this Court1 . This Court remanded the dispossessory action to the Magistrate Court because Movant's chapter 13 case had been dismissed and there was no bankruptcy purpose to be served by retaining the proceeding (the "Remand Order"). [Doc. 5]. Notwithstanding the Remand Order, on November 5, 2018 Movant filed a Motion for Default Judgment (the…
2Cases cited25 opinions
- Erickson v. PardusSupreme Court of the United States · 2007
- GJR Investments, Inc. v. County of EscambiaCourt of Appeals for the Eleventh Circuit · 1998
- Law v. SiegelSupreme Court of the United States · 2014
- Browning v. NavarroCourt of Appeals for the Fifth Circuit · 1984
- Arnold v. Garlock, Inc.Court of Appeals for the Fifth Circuit · 2001
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3Cited by1 opinion
- In re: Lakesha R. StewardUnited States Bankruptcy Court, N.D. Illinois · 2025