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.

(construes pro se creditor's pleading as an incomplete attempt to commence a dischargeability complaint; also briefly explains the effect of a bankruptcy discharge on a secured claim);

(Debtor's failure to file amended returns after the Internal Revenue Service revised his income upwards, renders his 1996 and 1997 state tax liabilities to be non-dischargeable pursuant to section 523(a)(1)(B)(i))

(sole proprietorship may proceed without an attorney)

Honorable W. H. Drake Jr.

(denying motion to reconsider order striking answer and entry of default judgment)
NOT INTENDED FOR PUBLICATION
 

(sustaining Chapter 13 trustee's objection to confirmation and holding that exempt income may, nonetheless, constitute disposable income)NOT INTENDED FOR PUBLICATION
 

(denying motion to reopen no-asset Chapter 7 case for purpose of adding omitted creditors)
NOT INTENDED FOR PUBLICATION

Honorable Paul W. Bonapfel

(Scire Facias to Revive Dormant Judgment.  Order granting Plaintiff's motion for Scire Facias and requiring defendant to appear and show cause why a judgment entered in 1992 should not be revived as provided in OCGA 9-12-61.  Order directs Plaintiff to arrange for service of the Scire Facias by the Sheriff of the county where defendant resides in the manner set forth by OCGA 9-12-63)

(Order denying Debtor's motion to dismiss Chapter 7 case. Where "debtor proceeds without legal counsel and later finds out that the bankruptcy filing was a bad choice does not constitute a valid ground for voluntary dismissal of a case where prejudice to other parties will occur."  While loss of house may cause hardship to debtor, such hardship is not sufficient to permit dismissal in face of prejudice to creditors.  However, this is a factor to consider in administration of the case.  Therefore, clerk is directed to issue bar notice so claims can be determined promptly.)

Judge James E. Massey (Retired)

A debt arising out of a property settlement in a divorce proceeding was not dischargeable because Debtor failed to prove elements of section 523(a)(15). 
NOT INTENDED FOR PUBLICATION

Debtors may not avoid effect of reaffirmation agreement after deadline for rescinding it has passed by seeking to reopen the case and to amend their statement of intentions.
NOT INTENDED FOR PUBLICATION

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