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.

(debtor's attorney's application for compensation; quantum meruitcompensation for period prior to filing application for employment)

(state court arbitration award; denial of discharge; §727(a)(2), undisclosed transfer of security interest in debtor’s real estate to debtor’s prepetition nonbankruptcy attorney; §727(a)(3), debtor’s failure to produce records; §727(a)(4), false oath)

(motion to quash and motion for protective order granted preventing examination of special master)

(motion for summary judgment granted because debtor failed to present any evidence to support opposition to motion for summary judgment)

Judge Joyce Bihary (Retired)

(Debtor’s request to reconsider dismissal of his case denied as he failed to file schedules and a Chapter 13 plan, to appear at the first meeting of creditors, and to respond to the Chapter 13 Trustee’s objections to confirmation or appear at the confirmation hearing; Debtor’s suggestion of a possible Fair Debt Collection Practices Act violation does not alter obligations of those filing for bankruptcy)

(Debtor’s request to reconsider dismissal of his case denied as he failed to file schedules and a Chapter 13 plan, to appear at the first meeting of creditors, and to respond to the Chapter 13 Trustee’s objections to confirmation or appear at the confirmation hearing; Debtor’s suggestion of a possible Fair Debt Collection Practices Act violation does not alter obligations of those filing for bankruptcy)

(Debtor’s emergency motion to enjoin foreclosure sale of his house by his brother or, alternatively, to reimpose automatic stay denied as dispossessory proceeding is being litigated in state court; debtor’s schedules show no bankruptcy purpose served in this case; and no legal authority to grant relief sought)

Honorable Paul W. Bonapfel

(abstention; sec. 505(a); sec. 1334(c)(1).  No permissive abstention under 28 usc 1334(c)(1) with regard to 11 USC 505(a) relief if there is no alternative forum to decide the dispute.  Section 505(a) does not permit a bankruptcy court to decline to exercise jurisdiction other than under 1334(c)(1))

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