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)

An attorney who does not represent debtor in a bankruptcy estate lacks authority to file a motion for approval to represent the debtor in non-bankruptcy matter.  Such a motion must be filed by the debtor or the debtor’s bankruptcy attorney.
NOT INTENDED FOR PUBLICATION

Debtor's law firm sought refund of inadvertent payment of full filing fee after entry of Order granting motion to pay filing fee in installments.  Debtor's schedules showed that Debtor had ample funds to pay filing fee in installments.  Motion denied, Order authorizing installment payments vacated, and General Order No. 9 suspended so that law firm must file fee application to receive compensation
NOT INTENDED FOR PUBLICATION.

Judge Joyce Bihary (Retired)

(Plaintiff is entitled to default judgment as allegations in complaint deemed admitted due to Debtor’s failure to answer or otherwise respond to complaint or to motion for default judgment)

(Debtor’s notice of requirement of response to motion to discharge debt improper as motion referenced in notice not filed; discharge of student loan cannot be done by motion; and notice not authorized by court)

Honorable W. H. Drake Jr.

(trial on complaint objecting to dischargeability pursuant to sections 523(a)(5) and (a)(15))

(motion for summary judgment on preferential transfer claim)notice of appeal docketed 8/02/2004.
NOT INTENDED FOR PUBLICATION

(application for payment of attorney's fees in accordance with section 503(b)(3)(D))

(state tax lien is not lien that can be avoided under §522(f))
NOT INTENDED FOR PUBLICATION

(FRBP 4004(c)(2)), motion to defer entry of discharge)
NOT INTENDED FOR PUBLICATION

(dismissal with one-year bar to refiling)
NOT INTENDED FOR PUBLICATION

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