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 W. H. Drake Jr.

(denying defendant's motion for summary judgment on plaintiff's 523(a)(5)/(a)(15) complaint)
NOT INTENDED FOR PUBLICATION

(denying motion to compel discovery because movant had not diligently conducted discovery throughout the case and waited until the discovery period was about to expire to seek additional discovery)
NOT INTENDED FOR PUBLICATION

(denying motion for judgment on the pleadings as to Chapter 7 trustee's fraudulent conveyance action where transferee of property had voluntarily transferred the property back to the debtor, and staying litigation on trustee's objection to debtor's discharge because debtor had converted her case to Chapter 13)
NOT INTENDED FOR PUBLICATION

Judge James E. Massey (Retired)

For purposes of section 365(d)(3) of the Bankruptcy Code, an obligation to pay rent, taxes or some other expense under an unexpired lease arises at the time that the tenant's liability on that obligation becomes fixed in an amount unalterable by subsequent events, such as the termination of the lease.  If section 365(d)(3) does not apply, a landlord is entitled to payment of an administrative expense with respect to stub rent under section 503(b)(l) until rejection of an unexpired lease.

(§523(a)(4) defalcation while acting in fiduciary capacity)

(use of deposition transcript in lieu of defendant's live testimony; §523(a)(4) conversion of insurance proceeds)

(bankruptcy court may hear Ch 7 Trustee's claims on behalf of Subchapter S corporation wholly owned by individual debtor against parties for breach of contract, fraud, et al.)

(Order granting validation of foreclosure sale conducted after Debtor filed motion to reinstate Chapter 13 case, but before no opposition order was submitted)

Judge Joyce Bihary (Retired)

(Chapter 7 Debtor’s motion for leave to sell real estate denied.  Once Chapter 7 bankruptcy case is filed, all property in which Debtor had an interest becomes property of the estate.  Furthermore, automatic stay already lifted for first mortgage holder and any excess funds recovered by mortgagee are to be paid to Chapter 7 Trustee)

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