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.
Funds distributed under a Chapter 13 plan to the holder of a subordinate security deed, but not claimed, remain property of the creditor. The later conversion of the case to Chapter 7 and "strip-off" of the lien do not affect the rights of the creditor to the unclaimed funds. Debtor's application for disbursement of the funds to her is denied. This Order has not been prepared for publication and is not intended for publication.
Court grants motion to vacate order granting motion for summary judgment in multiple-party case where judgment has not been entered. This order is not intended for publication.
Order conditioning dismissal of adversary proceeding on payment of attorney's fees of defendant
NOT INTENDED FOR PUBLICATION
Issue preclusion does not apply to earlier decision because debtor did not have full and fair opportunity to litigate in prior proceeding and decision lacked finding of intent to deceive necessary for 523(a)(2) claim; 523(a)(4) claim dismissed because no factual or legal basis.
NOT INTENDED FOR PUBLICATION
Court concludes that credit card debt incurred by debtor shortly before a minimum payment was due, when she did not intend to make the required minimum payment, is not excepted from discharge under sectoin 523(a) for actual fraud because she made the charges with the intent to pay the debt she incurred.
NOT INTENDED FOR PUBLICATION
Order denying motion to dismiss. Complaint states a claim for relief under 523(a)(6).
NOT INTENDED FOR PUBLICATION
Trustee's motion for summary judgment with regard to proof of claim is denied with regard to claims for employment bonus and wrongful termination. Trustee raises alternative defenses to liability on note and stock purchase agreement. Trustee is entitled to summary judgment based on statute of limitations defense, but court permits claimant additional time to supplement record with regard to alternative defenses and will defer grant of summary judgment so that all defenses can be ruled on Trustee's motion for summary judgment with regard to equity interests is granted except for certain options that may give rise to a right of recovery depending on outcome of wrongful termination claim.
Credit card debt is not excepted from discharge under section 523(a)(2) because creditor failed to prove that debtor did not intend to pay the debt; parties are directed to brief the legal question of whether a debt is excepted from discharge under 523(a)2) when the debtor intends to pay a debt but knows that she will not pay it in accordance with its terms.
NOT INTENDED FOR PUBLICATION
Order denying Defendant's motion for summary judgment that student loan debt is excepted from discharge under 523(a)(8). Disputes of material fact with respect to prongs 2 and 3 of the Brunner test preclude entry of summary judgment. The Debtor's failure to participate in an income contingent repayment program, standing alone, does not demonstrate a lack of good faith.
The fact that the chapter 7 debtor is not entitled to a discharge in a case filed in 2005 because of the receipt of a chapter 7 discharge in an earlier case filed in 2004 does not result in dismissal of the current case or eliminate the need to sell property and administer the case. Creditors are entitled to be paid, if possible, from the liquidation of assets, and the debtor has an interest in the liquidation of assets, where feasible, to reduce her debt burden and realize the value of her exemption.