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 Robert E. Brizendine (Retired)

(11 USC 105, 362,  extension of bar date under 11 USC 523, 727)

(Order denying cross motions for summary judgment holding that whether Defendant provided Debtor two copies of the notice detailing the right to rescind as required under TILA is a factual issue to be decided at trial)
NOT INTENDED FOR PUBLICATION

(Pre-petition transfer of funds determined not to be avoidable as a preference under section 547 due to earmarking doctrine)
NOT INTENDED FOR PUBLICATION

(Chapter 7 debtor lacks standing to assert counterclaim until abandoned by trustee)
NOT INTENDED FOR PUBLICATION

(order denying attorney's request to withdraw)
NOT INTENDED FOR PUBLICATION

Honorable W. H. Drake Jr.

(denying motion to dismiss complaint)
NOT INTENDED FOR PUBLICATION

(granting in part motion to amend complaint;  denying motion to amend complaint to add claim for violation of the FDCPA because the claim would have been time barred)
NOT INTENDED FOR PUBLICATION

(denying motion to reopen case for purpose of modifying  the discharge injunction to allow movant to name debtor as defendant in medical malpractice suit where movant intended to recover any award solely from debtor's employer)

Judge James E. Massey (Retired)

Debtor obtained judgment during Chapter 13 case that determined that mortgage creditor was deemed to be and would be treated as a general unsecured creditor in this case and for all purposes and not entitled to the protections of 11 U.S.C. § 1322(b)(2). Case was later converted to Chapter 7. Debtor sued creditor to avoid mortgage lien based on earlier judgment. Creditor defaulted. Held: Complaint failed to state a claim for relief because the determination that creditor was unsecured for purposes of section 1322(b)(2) did not affect lien.
NOT INTENDED FOR PUBLICATION

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