Landlord moved for payment as an expense of administration its legal fees incurred in opposing Debtor’s motion to extend time to assume or reject a sublease. Motion was denied because Landlord failed to show any benefit requested by or conferred on estate.
NOT INTENDED FOR PUBLICATION
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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 James E. Massey (Retired)
Petition filed in name of Debtor was signed by her husband, who was ineligible to file bankruptcy. Court modified stay to permit creditors to continue foreclosure efforts short of transferring title and required Debtor to appear at Clerk’s office with identification to execute petition.
NOT INTENDED FOR PUBLICATION
Landlord sought payment of postpetition rent on premises leased by Debtor, which it subleased to third party. Third party, also in bankruptcy, paid Landlord directly after the petition date. Landlord applied such payments to prepetition rent due from Rhodes. Held: Landlord’s application of payments violated automatic stay as a an act to collect a debt. There was no evidence to show that subtenant was paying or could legally pay a prepetition debt owed by Rhodes.
NOT INTENDED FOR PUBLICATION
Creditors of Debtor brought claims against Wilmann in state court contending it was a de facto general partner of Debtor. Wilmann sued creditors, seeking benefit of automatic stay so as to enjoin the state court cases. Motion for preliminary injunction denied because Wilmann could not show any of the 4 prerequisites, and in particular any likelihood of success on merits.
NOT INTENDED FOR PUBLICATION
(failure to serve Debtor's attorney within the 120 day time limit of FRBP 7004(m) does not render complaint untimely filed under FRBP 4007)
(granting defendant's motion for summary judgment as to plaintiff's complaint to have the Court force the IRS to release a tax lien)
NOT INTENDED FOR PUBLICATION
(Reopening to change amount of claim is
unnecessary and does not affect whether the claim is discharged)
(order authorizing alternative dispute resolution,
specifically, an evaluative and directive settlement conference with another bankruptcy judge)
Judge Robert E. Brizendine (Retired)
(Fed.R.Bankr.P. 8005, stay pending appeal)
Honorable Paul W. Bonapfel
(Despite failure to fill in box #4 on the proof of claim form, claimant attached sufficient documentation for court to determine amount of claim. Trustee properly objected to claim because, as filed, it was not capable of being administered)