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 filed two Chapter 13 cases on the same day using two different attorneys, voluntarily dismissed the first case and moved for a refund of the filing fee as a “duplicate case.”   Motion denied.
NOT INTENDED FOR PUBLICATION

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

Judge Joyce Bihary (Retired)

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

Honorable Paul W. Bonapfel

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

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

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

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)

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