(Motion for default judgment by creditor whose claim arises from a malpractice judgment against Debtor, who was Plaintiff's former attorney. Attorney malpractice does not constitute defalcation within the meaning of §523(a)(4)
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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.
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(Judgment for fraud claim rendered by United States District Court in Massachusetts satisfies Plaintiff's section 523(a)(2)(A) claim because of collateral estoppel)
(Plaintiff's renewed motion for default judgment granted after incorporating a more detailed factual basis for establishing a claim of actual fraud under section 523(a)(2)(A))
(Motion for default judgment by creditor whose claim arises from Debtor's use of credit card denied in part)
(Motion for default judgment by creditor whose claim arises from Debtor's use of credit card denied in part)
(pro secreditor's motion construed as motion to allow late proof of claim with explanation that claim will be allowed unless Debtor objects)
(Debtors contracted with special counsel Levinson; Levinson associated Mackie; Debtors signed no agreement directly with Mackie, but Mackie filed the application. Application denied.)
(Motion for default judgment by creditor whose claim arises from Debtor's use of credit card denied)
Judge James E. Massey (Retired)
In Proposed Findings of Fact and Conclusions of Law in a non-core matter, the Court recommended to the U.S. District Court that it enter a judgment in favor of Defendant declaring that Plaintiff had no interest in technology developed while Plaintiff was employed by Defendant.
NOT INTENDED FOR PUBLICATION
Judge Joyce Bihary (Retired)
(15 U.S.C. §§ 1602, 1635; on cross motions for summary judgment, Court found assignment of note and security deed on day of closing does not trigger extended three year rescission period of Truth in Lending Act as long as loan proceeds not disbursed within three day rescission period; assignment does not terminate right of rescission under Truth in Lending Act against original lender as matter of law; if at trial there is proof of a violation of Truth in Lending Act, Court will reach issue of whether a rescission remedy can be fashioned against the sole Defendant sued as Plaintiff did not join current holder of note and security deed)