Legal Opinion

Evans Plaza Partners, LLC v. Webster (In re Sci. Fitness, LLC)

United States Bankruptcy Court, S.D. Georgia

Decided February 1, 2019No. Case Number 14-12297; Adversary Proceeding Number 16-01035Published

1Opinion of the Court

SUSAN D. BARRETT, UNITED STATES BANKRUPTCY JUDGE

Before the Court is the complaint filed by Evans Plaza Partners, LLC ("Landlord") against Evans Fitness Club Express, LLC ("Express") alleging Express improperly removed property belonging to Landlord. Trial was held to determine ownership of the property.1 This adversary proceeding is a core proceeding under 28 U.S.C. § 157(b) (2)(A), (N), and (0) and the Court has jurisdiction pursuant to 28 U.S.C. § 1334. For the following reasons, the Court finds the lockers, the mirrors in the New Addition (defined below), and the nonmovable sink belong to…

2Cases cited11 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Wolff v. SampsonSupreme Court of Georgia · 1905
  3. Goger v. United States (In Re Janmar, Inc.)United States Bankruptcy Court, N.D. Georgia · 1979
  4. Morrison, Incorporated, Cross-Appellants v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1990
  5. Kin Chun Chung v. JP Morgan Chase Bank, N.A.District Court, N.D. Georgia · 2013

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