(Multiple filings; foreclosure; in rem relief; necessity of adversary proceeding for in rem relief against co-debtor)
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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.
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.
Honorable Paul W. Bonapfel
(abstention; sec. 505(a); sec. 1334(c)(1). No permissive abstention under 28 usc 1334(c)(1) with regard to 11 USC 505(a) relief if there is no alternative forum to decide the dispute. Section 505(a) does not permit a bankruptcy court to decline to exercise jurisdiction other than under 1334(c)(1))
(Order Granting Plaintiff's Motion for Summary Judgment, dischargeability under section 523(a)(2)(A); elements of actual fraud; credit card; admissions under Rule 36; request for attorney's fees and compliance with OCGA13-1-11(a)(3))
(Order Denying Motion for Default Judgment, dischargeability under section 523(a)(2)(A); 523(a)(2)(C); false representation; actual fraud; credit card; dinial of motion for default judgment)
(denial of motion for default judgement 523(a)(17);523(a)(19))
(discretionary abstention under 28 U.S.C. 1334(c)(1))
(11 U.S.C 544(a)(3) strong-arm power and equitqable interest in property)
(possible sanctions for abusive, serial filings and opportunity to request sanctions.)