(denying plaintiff's motion for judgment on the pleadings because of improper service and granting defendant's motion to reopen default)
NOT INTENDED FOR PUBLICATION
You are here
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.
(denying plaintiff's motion for default judgment and allowing plaintiff an opportunity to amend complaint or submit additional evidence to support the plaintiff's claim)
NOT INTENDED FOR PUBLICATION
(denying in part and granting in part plaintiff's motion for sanctions against defendant for failure to cooperate in discovery)
NOT INTENDED FOR PUBLICATION
denying motion to reopen
NOT INTENDED FOR PUBLICATION
(extending discovery over the objection of the defendant)
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
(Order continuing evidentiary hearing and notice to creditor's attorney and debtor's attorney to show cause. On the evening before specially set evidentiary hearing, creditor's attorney filed motion for continuance and left voicemail message "advising" the courtroom deputy of the continuance on the day of hearing. Court finds that professionalism dictates that parties contact court well in advance of hearing and that the presumption that other parties, including the Chapter 13 trustee and the court reporter, are not affected "illustrates an indifference to the value of other persons' time and schedules that the Court will not tolerate." Although motion for continuance granted, court directed attorneys to show cause why they should not be required to pay the fee incurred by the Court for the unnecessary services of a court reporter.)
Judge James E. Massey (Retired)
Chapter 13 debtor is not required to obtain court approval to employ an attorney in a child custody dispute but the debtor may not pay the attorney with estate property without court approval, but court granted application to employ.
NOT INTENDED FOR PUBLICATION
Bankruptcy Court has jurisdiction over debtor who claimed to be beyond the Court’s power as a “sojourner with no ties to the land” and “an Indigenous Peoples (sic) in the lineage of the Olmec Civilization, with heritage upon the land, Muu Lan.”
NOT INTENDED FOR PUBLICATION
Debtor is the sole member of a limited liability company known as Law Group of Georgia by Stadler, LLC. Prior to the bankruptcy, N.C.A. Systems of Illinois, Inc. sued Debtor and the LLC and later obtained a judgment against the LLC. N.C.A. allegedly continued to collect receivables of the LLC after Debtor’s bankruptcy. Zamora, a creditor of Debtor, moved to hold N.C.A. in contempt for violating the automatic stay. Held: Motion denied. Property of LLC is not property of Debtor’s estate, and Zamora lacks standing to enforce the automatic stay.
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(F.R.C.P. 4(m), F.R.B.P. 7004, extending time for service of process)