Trustee moved to vacate Order approving a compromise and settlement. Trustee’s motion granted pursuant to Fed. R. Civ. P. 60(b)(1), (b)(3), and the failure to provide adequate notice pursuant to Fed. R. Bankr. P. 9019
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Opinions
Effective January 1, 2017, Orders in the United States Bankruptcy Court for the Northern District of Georgia designated by the Court as "opinions" will be transmitted to the Government Publishing Office (GPO) and made available to the public at no cost. To view these opinions, click HERE to be transferred to GPO site.
Orders designated as Opinions and issued between January 1, 2004 and December 31, 2016 are maintained on this website. Many of these Opinions are not intended for publication and are so designated. Each entry includes the style of the matter, the case number, the date entered on the docket, and a short parenthetical expression of the issue(s) raised. The most recent opinions appear first.
You can narrow your search by judge and/or year below. You can also use the search feature above to search by name, word, or phrase. The single opinions are in PDF text format and may be searched for word, phrase, or date by using “Control F,” the Windows search function available in any Windows application.
Judge Joyce Bihary (Retired)
(granting motion for relief from stay to permit creditor to continue eviction proceedings and denying debtor's motion for refusal)
NOT INTENDED FOR PUBLICATION
(motion to extend discovery granted because Debtor failed to show specific prejudice that would result from such extension)
(denies motion to proceed with appeal in forma
pauperisbecause appeal lacks merit)
(Debtor's exemption claim denied due to Debtor's failure to disclose and then later unauthorized sale of the subject property)
(default judgment entered due to Defendant's failure in all respects, except filing an answer, to participate in the AP)
(motion for reconsideration denied because insufficient grounds alleged for reconsideration)
Judge James E. Massey (Retired)
Trustee sued Home Depot to recover balance due for postpetition sales of ladders. Home Depot moved for summary judgment, contending it could recoup or set off what it owed Debtor (Krause) against Krause’s debt to Home Depot arising out of failure to provide insurance and indemnity with respect to sales of defective ladders. Motion denied. Home Depot failed to show that Krause’s obligations to Home Depot arose from the same transaction as Home Depot’s obligation to Krause (thereby precluding recoupment) or that its claims and Krause’s claims were both prepetition obligations or both postpetition obligations (thereby precluding setoff).
NOT INTENDED FOR PUBLICATION
In action to deny the Debtor’s discharge or, alternatively to determine dischargeability of debt, secured creditor contended that Debtor sold collateral within one year of bankruptcy in violation of security agreement with intend to defraud creditor and that Debtor fraudulently and falsely stated that he had transferred assets. Held: judgment for Debtor. Security Agreement did not unambiguously prohibit transfers of collateral. Plaintiff failed to prove Debtor deliberately lied, as opposed to being mistaken or negligent, in stating he had not transferred an asset within one year. [§§ 727(a)(2), (a)(4), 523(a)(6)]
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(11 U.S.C. Section 547, voidable preferential transfer)