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.

(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)

(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))

(pro secreditor's motion construed as motion to allow late proof of claim with explanation that claim will be allowed unless Debtor objects)

(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)

(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)

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