(Motion for relief from stay granted on rental property. Creditor has a colorable claim and has attached an assignment of rights under the security deed.)
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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)
(Chapter 11 case filed by LLC without counsel dismissed since corporate debtor must be represented by counsel and cannot appear through shareholders, officers or members.)
(Hardship discharge granted in Chapter 13 case where debtor passed away. 11 U.S.C. § 1328(b) and Fed. R. Bankr. P. 1016.)
(Dismissal of Chapter 13 case under 11 U.S.C. §§ 109(g)(1) and 349(a). Case dismissed with debtor ineligible for filing for 180 days.)
(Rule 4004(c)(2) - motion to delay entry of discharge denied. The purpose of Rule 4004(c)(2) is to give debtor time to decide to reaffirm a debt, not to extend the automatic stay. Bankruptcy courts do not typically rule on objections to proofs of claim in no asset Chapter 7 cases, since the point of filing a proof of claim is to obtain a distributive share in the assets of the proceeding.);
(Automatic stay terminates against property that is no longer property of the estate and terminates with respect to other acts when the case is closed or a discharge is granted. Disputes regarding assignment of deed do not involve bankruptcy law and stay is lifted to permit parties to litigate their disputes in state court.)
(Trustee's objection to exemptions sustained. Debtor claimed exemptions in amounts owed under a stock purchase agreement and a related non-compete agreement. Amounts owing are property of the estate, and there is no exemption under Georgia law that would permit debtor to retain the funds. 11 U.S.C. § 541(a)(6). O.C.G.A. § 44-13-100. Georgia statute O.C.G.A. § 44-13-18 is not applicable.)
(§ 364. Debtor, not debtor's owners, must bring the motion to obtain credit.)
(Overpayment of Social Security disability payments; exhaustion of administrative remedies; jurisdiction of bankruptcy court; magistrate judges, not bankruptcy judges, have delegated authority to hear Social Security actions to review administrative determinations by the Social Security Administration. Debtor did not exhaust his administrative remedies with respect to a request for reconsideration of a determination with respect to overpayments. Once debtor receives a Chapter 7 discharge, it will discharge any overpayment claim by the Social Security Administration. The discharge will include any obligation by the debtor to the Social Security Administration for overpayments as of the date the bankruptcy was filed.)
(Summary judgment granted. Automatic stay did not go into effect upon filing of case. § 362(c)(4)(A).)