Motion by Debtor’s counsel to withdraw DENIED because counsel failed to strictly comply with BLR 9010-5 dealing with withdrawal.
NOT INTENDED FOR PUBLICATION
You are here
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)
Motion to file late prepetition and postpetition administrative expense granted under Pioneer test.
NOT INTENDED FOR PUBLICATION
Debtor’s motion to reopen case to pursue alleged stay violation denied where there was no stay in the case under section 362(c)(4). A dismissal of a case under section 707(a), as opposed to section 707(b), counts in the determination of the number of pending cases a debtor has within one year of the filing of the latest case.
NOT INTENDED FOR PUBLICATION
Debtor’s modification of confirmed Chapter 13 plan to surrender collateral was not approved because it is unnecessary to modify the plan to surrender collateral, and section 1329 governing modifications does not permit surrender. The only purpose of this ploy was to try to avoid having to pay the secured claim, which is the contract Debtor made in the plan.
NOT INTENDED FOR PUBLICATION
Proposed Modification of Confirmed Plan to delete a secured creditor provided for in the plan DENIED as unnecessary because the plan purported to deal only with allowed claims of creditors and this creditor never filed a proof of claim. Nothing in the plan showed that the claim was allowed.
NOT INTENDED FOR PUBLICATION
Plaintiff’s moved to strike defendant’s answer because its counsel had withdrawn and no new counsel had appeared. Motion denied. At the time defendant corporation’s answer was filed, it was represented by counsel. While a corporation may not represent itself in federal court, withdrawal of a corporation’s counsel does not void or abrogate pleadings previously filed by that counsel.
Plaintiff’s motion for summary judgment to avoid preferential transfers made by defendant-insider is granted as plaintiff established all elements of preferential transfer pursuant to 11 U.S.C. § 547(b), including that debtor was insolvent when transfers occurred and that transfers allowed defendant to receive more than he would have in a Chapter 7 case, the only defenses defendant raised in his amended answer. Defendant failed to respond to Plaintiff’s motion for summary judgment and is deemed not to contest the undisputed facts or the motion. Plaintiff’s request for an award of pre-judgment interest is denied to the extent it requests interest from the date of the transfers, which dates Plaintiff did not set forth. Plaintiff is entitled to interest, calculated from the date of demand, under a rate prescribed by 28 U.S.C. § 1961
Attorney’s application to employ himself as counsel for debtor in possession is denied. Counsel misstated there was a debtor in possession as the case converted to Chapter 7 case more than two years ago, and counsel presented no exceptional circumstances or reason for the late filing.
28 U.S.C. §§ 1334(b), 157(a), (b) and (c); 11 U.S.C. § 362; 15 U.S.C. § 1125(a); O.C.G.A. §§ 10-1-370 et. seq., 10-1-451, and 23-2-55; Court has jurisdiction over this non-core proceeding to enter interlocutory Order on preliminary injunction. Chapter 11 plaintiff’s motion for preliminary injunction to enjoin the use of its trade name and related service mark against defendant Jape is granted. Plaintiff established a prima facie trademark infringement case by showing: (1) likelihood of success on the merits by proving it has a right to use the trade name and service mark and, unless the injunction is granted, there is a high risk of consumer confusion; (2) likelihood of irreparable harm as in a trademark infringement case injury is presumed; (3) potential injury to plaintiff of the diminishment of the goodwill of its business by allowing defendant Jape to use a similar trade name and service mark weighs in favor of granting the injunction; and, (4) public interest will be served by avoiding confusion in the marketplace and granting the injunction.
Debtors motions to avoid the IRS’s tax liens are denied. Such liens are neither judicial liens or nonpossessory, nonpurchase money security interests, which are avoidable pursuant to 11 U.S.C. § 522(f), and cannot be avoided even if they impair an exemption.