(O.C.G.A. Section 44-13-100(a), 11 U.S.C. Section 522(f), entitlement to exemption in real property by virtue of interest of non-filing spouse)
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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.
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Judge Robert E. Brizendine (Retired)
(priority of liens, judgment lien and federal and state tax liens)
Judge James E. Massey (Retired)
Pro se Chapter 13 Debtor’s post-confirmation objection to proof of claim of secured creditor on ground that interest rate higher than 7% would make it impossible for debtor to perform plan denied.
NOT INTENDED FOR PUBLICATION
Wife of president of Debtor was insider of the debtor within meaning of 11 U.S.C. § 101(31), whether or not she was related to her husband by affinity and even though she had no control over debtor, because she had a close relationship to her insider husband and loans she made to debtor and their repayment were not arms’ length transactions. Judgment on preference claim for trustee.
NOT INTENDED FOR PUBLICATION
Court denied defendant’s motion for summary judgment in section 523(a)(2) case, rejecting contentions that note given to evidence the debt effected a novation thereby barring a claim that plaintiff had been defrauded and that note was an accord and satisfaction of fraud claim.
NOT INTENDED FOR PUBLICATION
Plaintiff’s motion for order directing Clerk to certify judgment for filing in another district granted pursuant to 28 U.S.C. § 1963, notwithstanding that judgment was appealed, where defendants had no assets in this District but had assets in the New York.
NOT INTENDED FOR PUBLICATION
Plaintiff’s first amendment to the complaint, filed prior to any response by defendants, stated it superceded the original complaint in its entirety. Plaintiff then filed a withdrawal of the amendment. Defendant moved to dismiss on the ground that Plaintiff had withdrawn its only complaint. Motion Denied. Withdrawal of the amendment would have withdrawn the statement that the original complaint was superceded, thus would have restored the original complaint and hence was itself an amendment. Civil Rule 15, made applicable by Fed.R. Bank. P. 7015, required leave of court to withdraw the amendment in the absence of consent of defendants.
NOT INTENDED FOR PUBLICATION
(denying defendant's motion to extend time to answer on the basis that the pleading was not prepared and filed by a licensed attorney, and a corporate defendant may not proceed pro se)
NOT INTENDED FOR PUBLICATION
(denying plaintiff's motion to amend complaint to add cause of action against additional defendants for avoidance of a fraudulent transfer because plaintiff lacked standing to pursue such claims and, therefore, amendment would be futile)
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
(Order on Debtor's objection to proof of claim of Vineyards Condominium Association, Inc. Court concludes that only $2,127.25 of the $4,132.95 fees and expenses requested were allowable as "reasonable attorney's fees actually incurred" under OCGA 44-3-109(b))