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)

(evidence that could have been obtained prior to trial does not meet stadard of newly discovered evidence under Rule 60(b)(2); when hearing on damages is required following entry of default under Rule 55, party who participates in bench trail without objection waives jury demand)

(trust is an artificial entity and must be represented by counsel)

Judge James E. Massey (Retired)

Fee Application of Attorneys for Chapter 13 Debtor denied for failing to prove value of services pursuant to §330.
NOT INTENDED FOR PUBLICATION

A prepetition address mentioned in a debtor’s statement of financial affairs, even if valid postpetition, is not and cannot be “the address shown in the . . . statement of affairs” to which FRBP 7004(b)(9) refers.  A bare allegation that reliance was justifiable in a complaint seeking to declare a debt nondischargeable pursuant to section 523(a)(2)(A) is a conclusion of law and not admitted by a defendant’s failure to respond.

Effective service by mail on joint debtors pursuant to FRBP 7004(b)(9) requires that each debtor receive a separate envelope containing the item being served.
NOT INTENDED FOR PUBLICATION

Honorable Paul W. Bonapfel

(denial of motion for default judgement 523(a)(17);523(a)(19))

Honorable Mary Grace Diehl

(GA homestead exemption with separated, non-resident spouse)

Honorable W. H. Drake Jr.

(308 B.R.596(Bankr N.D. Ga. 2004));(motionj to repoen for purpose of adding an undisclosed cause of action and the impact of judicial estoppel)

(application of default judgment to collaterally estop dischargeability litigation; application of NY law regarding collateral estoppel effect of default judgment)
NOT INTENDED FOR PUBLICATION

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