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 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

Prior to bankruptcy Debtor voluntarily gave a second mortgage to his father to secure a debt.  Debtor did not claim an exemption in property, and property was worth no more than total mortgage debt. Trustee subsequently avoided the mortgage as a preference and preserved the lien for the estate.   Debtor then amended Schedule C to claim full exemption. Trustee objected. Held: Trustee’s objection granted. Under section 551(g)(1), a debtor may claim exemption in property recovered by the trustee only if the debtor did not voluntarily make the transfer.
NOT INTENDED FOR PUBLICATION

Judge Joyce Bihary (Retired)

 (Fed. R. Bankr. P. 9027; former debtor’s notice of removal of former husband’s state court motion alleging certain of debtor’s debts not dischargeable and wrongful prevention of his visitation rights with children remanded and remanded as debtor failed to comply with procedural requisites and state court has concurrent jurisdiction regarding marital debts and particular expertise with regard to visitation rights)

(debtor’s motion to reopen Chapter 7 case and add unadministered, pending, prepetition cause of action granted as otherwise asset remains unadministered in estate, is of potential benefit to creditors, and judicial estoppel argument is not relevant before bankruptcy court);

(imposition of sanction requiring attorney to offer to represent a debtor pro bono)

(allowance of Chapter 13 case to continue beyond 60 months)

(disbursement of unclaimed funds held Registry of Court)

Honorable W. H. Drake Jr.

 summary judgment on creditor's section 523(a)(4) claim)
NOT INTENDED FOR PUBLICATION

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