(Order denying debtor's motion for default judgment to set aside assignment of interest in wrongful death suit proceeds because the complaint does not allege sufficient facts to determine whether the creditor's interest in proceeds via an assignment is invalid because it does not comply with the requirements of Georgia law)
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Honorable Paul W. Bonapfel
In Re: Broadfoot v. Belford (In re Nationwide Warehouse & Storage), AP 03-6550, Doc. #191 10/03/2005
(Order granting Trustee's request for turnover of documents, ruling defendant's invocation of the attorney-client privilege was inapplicable)
(Order granting Defendant's motion to dismiss dischargeability complaint on grounds that it was not timely filed and the Plaintiff offered no defense, legal or equitable, to the motion to dismiss.)
The Chapter 11 plan description of avoidance actions, including preference claims, as the type or category of causes of action of the estates to be retained and prosecuted by the Creditor Representative is sufficient to expressly reserve them from any possible res judicata effect of the confirmation order and to expressly identify them for postconfirmation prosecution under § 1123(b)(3) by the Creditor Representative. Furthermore, the Court concludes that the Settlement Agreement was not an executory contract; therefore, the fact that assumption and payment may have been made pursuant to it does not provide a defense to the preference actions.
Order granting Trustee's motion for default judgment and denying Debtors' discharges under 727(a)(5) based on Debtors' failure to explain disposition of $41,000 in settlement proceeds received pre-petition.
In avoidance action, where insider status is based on a pseudo-familial relationship, the Court's task is to distinguish between friendship alone, which does not give rise to insider treatment, and a de facto family relationship, which does. Because the undisputed facts are also consistent with mere friendship, the Court cannot make inferences to conclude that they establish, as a matter of law, that Defendant was a de facto relative with insider status, resulting in denial of summary judgment.
(Order regarding conduct of debtor's attorney and the professional responsibilities of an attorney representing a chapter 7 debtor)
NOT INTENDED FOR PUBLICATION
Order denying motion to avoid lien and amended motion to avoid lien without prejudice due to improper service of motion and notice
NOT INTENDED FOR PUBLICATION
(Despite failure to fill in box #4 on the proof of claim form, claimant attached sufficient documentation for court to determine amount of claim. Trustee properly objected to claim because, as filed, it was not capable of being administered)
(Order denying Debtor's motion to reopen case because there is no legal basis for relief requested. Having voluntarily reaffirmed a debt on a vehicle, Debtor cannot now add the deficiency claim based upon the surrender of the vehicle after the time for rescinding the reaffirmation agreement has expired.)