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.

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)

Honorable Paul W. Bonapfel

(Order denying Debtor's motion for recusal under 28 USC section 455.  Debtor has failed to set forth with particularity any facts or circumstances which evidence bias by the court.  Court has displayed no "deep-seated favoritism or antagonism" toward Debtor; adverse rulings do not establish bias for purposes of disqualification.)

(Service of objection to claim on claimant at address listed on claim but not addressed to person who signed proof of claim is insufficient.)

(On debtor/defendant's motion to dismiss, Order for Plaintiff to show cause why dischargeability complaint should not be dismissed for failure to perfect service of the summons and complaint on the debtor.  Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7004(a), plaintiff is directed to show "good cause" or some other basis why court should not dismiss action.)

(Order denying plaintiff's motion to compel post-judgment discovery, motion to revive judgment, motion for contempt, and other motions.  Federal Rule 69, made applicable by Bankruptcy Rule 7069, which permits post-judgment discovery is inapplicable in this proceeding because the judgment entered by the Bankruptcy Court in 1995 was not a money judgment.  The Bankruptcy Court judgment found the state court order of restitution nondischargeable; any issues related to collection of the nondischargeable debt, including post-judgment discovery, should be addressed in proceedings to enforce the state court order in the appropriate nonbankruptcy court.)
Published

(Order denying Defendant's motion to dismiss for failure to state a claim due to the fact that Plaintiff's complaint sufficiently articulates a potential cause of action under section 523(a)(4))

(Order granting out of time extension for pro se debtor to file designated items on appeal, but denying motion to stay judgment pending appeal)

Defendant holds valid judgment lien in Plaintiff's personal property located in state of Georgia.

(Subject matter jurisdiction; core v. noncore)

Honorable W. H. Drake Jr.

granting, over debtor's objection, application for compensation filed by former Chapter 7 trustee against debtor's Chapter 13 estate
NOT INTENDED FOR PUBLICATION

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