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.

Honorable Paul W. Bonapfel

(Order denying Debtor's motion to reopen case because there is no legal basis for relief requested.  Having voluntarily reaffirmed a debt on a vehicle, Debtor cannot now add the deficiency claim based upon the surrender of the vehicle after the time for rescinding the reaffirmation agreement has expired.)

(Even when the client terminates an attorney's
employment, the attorney must file a motion to withdraw)

(Non-creditor lacks standing to object to discharge)

Honorable W. H. Drake Jr.

(granting plaintiff's complaint, finding that a debt arising under a divorce decree is nondischargeable under section 523(a)(15))
NOT INTENDED FOR PUBLICATION

(striking defendant's answer as a sanction for failure to comply with Court's order compelling discovery and entering default judgment in favor of plaintiff)
NOT INTENDED FOR PUBLICATION

(granting defendant's motion to set aside entry of default on the basis that the plaintiff presented no evidence to the Court to permit entry of default against the United States of America)
NOT INTENDED FOR PUBLICATION

Judge Robert E. Brizendine (Retired)

(11 U.S.C. Sections 523(a)(5) & (a)(15), dischargeability, summary judgment, collateral estoppel)

(11 U.S.C. Section 523(a)(2)(A), dischargeability, collateral estoppel, apportionment challenge to state court award)

(28 U.S.C. Section 1334(b), subject matter jurisdiction)

Judge James E. Massey (Retired)

Debtor sued its secured lender in an attempt to stop a foreclosure on property owned by Debtor’s principal in which Debtor conducts its business and with complaint filed a motion for “Expedited Hearing on Complaint.”  Motion denied because motion sought immediate trial; proper procedure was to have filed motion for TRO or preliminary injunction.  Motion alleged no facts to support injunctive relief.
NOT INTENDED FOR PUBLICATION

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