(Order on Plaintiff’s motion to strike reference to corporation and Defendant’s motion to dismiss. It is not inappropriate for debtor to list a Corporate name, to extent it is a trade name or a name under which the debtor may have incurred some personal liability, in the caption of the petition. Nevertheless, corporation is not a debtor in the bankruptcy case. Motion to dismiss denied because complaint sets forth 523(a)(4) and (a)(6) claims in sufficient detail for defendant to answer and defend)
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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
(Order granting Trustee’s motion for default judgment, denying debtor’s discharge pursuant to 727(a)(2) and 727(a)(5))
(Order granting Defendant’s motion for attorney’s fees and costs under 523(d) and Bankruptcy Rule 9011(b)(3))
(Order granting Debtor/Plaintiff’s motion for default judgment, finding no valid lien or valid assignment of litigation proceeds exists and that defendant holds unsecured claim)
(Order granting Defendant’s motion for summary judgment and dismissing 523(a)(2)(A) and (a)(2)(C) dischargeability claim. Plaintiff failed to allege facts to support claim under 523(a)(2)(A) and (C) and admitted absence of factual basis when it failed to respond to Defendant’s requests for admission.)
Although bankruptcy court ordinarily should decline to relinquish its jurisdiction to permit arbitration of dischargeability issues arising under § 523(a)(2), (4), or (6) that the bankruptcy court must determine under § 523(c), this principle does not apply to a proceeding to except a debt from discharge under § 523(a)(19), relating to violations of federal and state securities law or common law fraud, deceit, or manipulation in connection with the purchase or sale of a security. § 523(c) does not require the bankruptcy court to determine dischargeability under § 523(a)(19). Because the debtor agreed to arbitrate, it is appropriate to lift the stay to permit the parties to arbitrate in accordance with the provisions of the Federal Arbitration Act and to stay the dischargeability proceeding pending conclusion of the arbitration.
(applying §550, real estate closing attorney was financial conduit, not agent for principal)
(as matter of first impression, court scheduled hearing on Creditor's request for dismissal under 521(i)(2) based upon the Debtor's failure to file Form B22. )
(Order denying Plaintiff's motion for summary judgment: state court judgment for conversion not entitled to collateral estoppel effect as to 523(a)(6) because under Georgia law a negligent or reckless act can give rise to conversion. No evidence of willfulness or intentionality to support entry of summary judgment on 523(a)(6) claim.)
(Order granting Trustee's motion for default judgment and denying Debtor's discharge pursuant to sections 727(a)(2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), and 727(a)(5))