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Matthew D. McMaster v. Arthur McCracken, et al.
Paid petition · Court of Appeals of Georgia, No. A24A1688 · judgment February 6, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Bankruptcy Clause of the United States Constitution and 11 U.S.C. § 365(e)(1) preempt a state court ruling that a residential lease and option to purchase are automatically terminated solely upon the filing of a bankruptcy petition.
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Whether a state trial court may sanction a litigant and his attorney for relying on the federal Bankruptcy Code’s prohibition against termination of leases based on a bankruptcy filing.
Counsel of record
For petitioner
Matthew D. McMaster
For respondent
Robert J. Kaufman
Chalmers, Adams, Backer & Kaufman, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 24 2025Petition DENIED.
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 04 2025Waiver of right of respondent Arthur McCracken, et al. to respond filed.
- Sep 08 2025Petition for a writ of certiorari filed. (Response due November 24, 2025)