An objection to a Chapter 13 Trustee’s Notice of Intent to Pay Late Filed Claim is not a substitute for objecting to the late claim.
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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.
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Judge James E. Massey (Retired)
Fee Application of Attorneys for Chapter 13 Debtor denied for failing to prove value of services pursuant to §330.
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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.
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Court lacks power to extend time to make election of treatment under Chapter 11 Plan under FRBP 3018.
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A joint debtor may not be added by an amendment to the petition. 11 U.S.C. §§ 301 and 302.
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Claim of guarantor is one for contribution under 11 U.S.C § 502(e)(1)(B) and hence must be disallowed.
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FRBP 7004(e) by its terms requires that summons be served within ten days of issuance.
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Motion for sanctions against pro se plaintiff granted pursuant to Bankruptcy Rule 9011 because complaint had no factual or legal basis, was therefore frivolous and plaintiff knew it. Sanctions imposed totaled $23,798.00
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Debtor's application to employ his counsel to prosecute pending lawsuit constituiting property of Chapter 7 estate under section 541 denied.
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