Order denying Defenant's motion to suspend proceedings pursuant to Bankr. Rule 8007(e) pending appeal. NOT INTENDED FOR PUBLICATION.
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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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Honorable Paul W. Bonapfel
Summary judgment entered in favor of Chapter 7 Debtor on claims of Plaintiffs (1) for determination that Debtor’s interest in property is not property of the estate; (2) for denial of discharge; and (3) for determination that debts are excepted from discharge under § 523(a)(4). Final Judgment to be entered for Debtor on claims in complaint; court retains jurisdiction to conduct evidentiary hearing on Debtor’s requests for attorney’s fees and on motions for sanctions and responses filed by the parties.
Order denying plaintiff's motion for summary judgment. State court default judgment not entitled to preclusive effect in dischargeability proceeding because court cannot conclude that elements of securities fraud claim were necessary to the judgment and the basis for the award of punitive damages was too vague and ambiguous.
Chapter 13 Trustee objected to confirmation on ground that Debtor’s plan did not provide for payment of all projected disposable income because the Debtor was not entitled under the “means test” rules of § 707(b)(2)(A)(i)(I) to the Ownership Costs allowance under the IRS Transportation Standards for his car that was encumbered by a title-pawn obligation. Held: Objection overruled and plan confirmed. The Ownership Costs allowance is applicable regardless of whether the encumbrance on a car of the debtor is a purchase-money debt or lease. INTENDED FOR PUBLICATION
Order granting Plaintiff’s motion for summary judgment and concluding that Debtor committed defalcation in her fiduciary role as owner of a lottery retailer when she failed to account for funds arising from sale of lottery tickets, rendering debt nondischargeble pursuant to section 523(a)(4).
NOT INTENDED FOR PUBLICATION
As personal representative of his mother’s estate, the Debtor sold the mother’s residence and satisfied the mortgage lien on the residence with the proceeds of the sale prior to the payment of a life insurance death benefit that was payable to the holder of the mortgage and that would have reduced the mortgage debt on the residence. The Debtor as the second beneficiary of the policy later received the death benefit as the second beneficiary because the mortgage debt had been sagtsified at the time of payment of the death benefit. One of the beneficiaries of the estate filed a complaint contending that the Debtor was liable for his share of the loss to the estate that resulted from the timing of the sale and that the debt was excepted from discharge under § 523(a)(2), (4), and (6). Held: Although the Debtor is liable for breach of fiduciary duty, he did not act fraudulently for purposes of § 523(a)(2), did not commit fraud or defalcation for purposes of § 523(a)(4), and did not act willfully or maliciously for purposes of § 523(a)(6). Accordingly, the debt is dischargeable. NOT INTENDED FOR PUBLICATION.
Order denying Defendant's motion to dismiss for failure to state a claim. Complaint states facts that satisfy pleading requirements for claims under Sections 523(a)(2)(B), 727(a)(2)(A), and 727(a)(3). NOT INTENDED FOR PUBLICATION.
Order granting in part and denying in part Trustee’s motion for summary judgment on actual and constructive fraudulent transfer actions under 548(a)(1) and Georgia law. The court concluded that the defendant did not rebut the "Ponzi scheme presumption" with respect to the transfer it received, but that factual disputes regarding value and good faith precluded entry of summary judgment in favor of the trustee.
Not intended for publication.
NOT INTENDED FOR PUBLICATION.
Order denying motion for disqualification pursuant to 28 USC 455(a)
In an earlier opinion on the Trustee's motion for partial summary judgment on his objections to a proof of claim, the Court reserved ruling on certain issues to permit the claimant to supplement the record to show a dispute of material fact. Court concludes that the claimant's Supplemental Brief does not establish any such dispute and grants Trustee's motion on those issues.
This Supplemental Memorandum Opinion and Order has not been prepared for publication and is not intended for publication.