(on Debtor’s motion for stay pending appeal, Court denied Debtor’s motion but modified previous Order prohibiting Debtor from filing any bankruptcy case for 180 days to allow him to file a Chapter 7 case and allowed Homecomings Financial to foreclose but not record its deed without written consent of Chapter 7 Trustee or Court approval if Debtor filed a Chapter 7 before the foreclosure date)
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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)
(dischargeability Defendants' motion to dismiss or abstain because of pending state court proceeding denied)
(denying motion for summary judgment as to creditor's section 523(a)(2)(A) and 727(a)(3) claims)
NOT INTENDED FOR PUBLICATION
(Debtor's presentation of a bad check was a false representation; Plaintiff entitled to dischargeability judgment under §523(a)(2)(A))
(denying plaintiff's motion to enforce settlement agreement where settlement required debtor to enter a reaffirmation agreement)
NOT INTENDED FOR PUBLICATION
(denying motion to reconsider order denying motion for summary judgment)
NOT INTENDED FOR PUBLICATION
(Order denying default judgment due to Plaintiff's failure to provide sufficient factual allegations to substantiate section 523(a)(2)(A) and 523(a)(2)(C) claims)
(deadline for motion to revoke discharge under § 727(d)(1); filing, Fed. R. Bankr. P. 5001(a); proceeding to revoke a discharge should be adversary proceeding, 7001(4); court may construe pleading as complaint.)
Judge Robert E. Brizendine (Retired)
(11 USC 523(a)(2)(A), nondischargeability)
Judge James E. Massey (Retired)
Alacrity Services, LLC, which was once owned by Debtor, moved to reopen Debtor’s Chapter 11 case to file “pleadings under seal” in connection with an unfiled motion to clarify meaning of prior Consent Order appointing an Estate Representative under 11 U.S.C. Section 1123(b)(3)(B). That Consent Order required Alacrity to give 60 days’ notice to the Estate Representative before Alacrity could sell, transfer or encumber its assets, while the Estate Representative was pursuing an equity holder of Alacrity to recover a fraudulent transfer.
The Court granted the motion to reopen in part but denied the portion seeking to file documents under seal. Alacrity put the cart before the horse in seeking to seal documents before filing the operative motion to seek clarification of the consent order.
NOT INTENDED FOR PUBLICATION