(Order on Debtor's objection to proof of claim of Vineyards Condominium Association, Inc. Court concludes that only $2,127.25 of the $4,132.95 fees and expenses requested were allowable as "reasonable attorney's fees actually incurred" under OCGA 44-3-109(b))
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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 continuing evidentiary hearing and notice to creditor's attorney and debtor's attorney to show cause. On the evening before specially set evidentiary hearing, creditor's attorney filed motion for continuance and left voicemail message "advising" the courtroom deputy of the continuance on the day of hearing. Court finds that professionalism dictates that parties contact court well in advance of hearing and that the presumption that other parties, including the Chapter 13 trustee and the court reporter, are not affected "illustrates an indifference to the value of other persons' time and schedules that the Court will not tolerate." Although motion for continuance granted, court directed attorneys to show cause why they should not be required to pay the fee incurred by the Court for the unnecessary services of a court reporter.)
(Scire Facias to Revive Dormant Judgment. Order granting Plaintiff's motion for Scire Facias and requiring defendant to appear and show cause why a judgment entered in 1992 should not be revived as provided in OCGA 9-12-61. Order directs Plaintiff to arrange for service of the Scire Facias by the Sheriff of the county where defendant resides in the manner set forth by OCGA 9-12-63)
(Order denying Debtor's motion to dismiss Chapter 7 case. Where "debtor proceeds without legal counsel and later finds out that the bankruptcy filing was a bad choice does not constitute a valid ground for voluntary dismissal of a case where prejudice to other parties will occur." While loss of house may cause hardship to debtor, such hardship is not sufficient to permit dismissal in face of prejudice to creditors. However, this is a factor to consider in administration of the case. Therefore, clerk is directed to issue bar notice so claims can be determined promptly.)
(On debtor/defendant's motion to dismiss, Order for Plaintiff to show cause why dischargeability complaint should not be dismissed for failure to perfect service of the summons and complaint on the debtor. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7004(a), plaintiff is directed to show "good cause" or some other basis why court should not dismiss action.)
(Order denying Debtor's motion for recusal under 28 USC section 455. Debtor has failed to set forth with particularity any facts or circumstances which evidence bias by the court. Court has displayed no "deep-seated favoritism or antagonism" toward Debtor; adverse rulings do not establish bias for purposes of disqualification.)
(Service of objection to claim on claimant at address listed on claim but not addressed to person who signed proof of claim is insufficient.)
(Order denying plaintiff's motion to compel post-judgment discovery, motion to revive judgment, motion for contempt, and other motions. Federal Rule 69, made applicable by Bankruptcy Rule 7069, which permits post-judgment discovery is inapplicable in this proceeding because the judgment entered by the Bankruptcy Court in 1995 was not a money judgment. The Bankruptcy Court judgment found the state court order of restitution nondischargeable; any issues related to collection of the nondischargeable debt, including post-judgment discovery, should be addressed in proceedings to enforce the state court order in the appropriate nonbankruptcy court.)
Published
(Order denying motion to redeem vehicle. Service of motion to redeem, to "Attn: President," without specifically naming the individual, does not comply with the requirements of Bankruptcy Rule 7004 and the constitutional requirements of due process.)
(Judgment for Debtor in the amount of $1,825 against her former counsel for monies entrusted to him which were not paid to mortgage company and for attorney's fees incurred by new counsel. Court finds that counsel violated Georgia Rule 1.15(I) by failing to account to client for funds entrusted to him, and that reasonable grounds to believe that counsel also violated Georgia Rule 5.5(a), which prohibits a lawyer from assisting in the unauthorized practice of law; Georgia Rule 5.3 which requires proper supervision of legal assistants; Georgia Rule 3.3(a), which imposes a duty to be candid with the Court; and Georgia Rule 1.1, which requires a lawyer to provide competent representation to his client. Court referred matter to State Bar of Georgia for further investigation and proceedings)
NOT INTENDED FOR PUBLICATION