Debtor who owns 40 percent of shares in Subchapter S corporation, in which his wife owns the other 60 percent of the shares, that owns and operates a farming operation is not a "farmer" within the definition of 11 USC section 101(20) and, therefore, 11 USC section 1112(c) does not prohibit conversion of case to Chapter 7. Because debtor is not a farmer, cause for dismissal of case under 11 USC section707(b) does not exist.
You are here
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
Order for law firm to show cause why attorney fees in three chapter 13 cases should not be reduced due to filing of six motions containing multiple errors.
Order denying motion to dismiss for failure to state a claim for relief. Plaintiff’s complaint to determine dischargeability of debt pursuant to 523(a)(2)(A) satisfies pleading standards of Rules 8 and 9 of the Federal Rules of Civil Procedure and also states claim for attorney’s fees under OCGA 13-6-11.
Although disappointed in professionalism of the lawyers, the court declines to award sanctions for filing of motion for protective order against second deposition under FRCP 30(b)(6) when party did not obtain leave of court for taking second deposition as FRCP 30(a)(2)(A)(ii) requires.
Regardless of whether an installment sale contract is an executory contract that is rejected, Debtor has an interest in the real estate, and the other party has a secured claim. A chapter 11 plan may deal with the claim.
Order sustaining Chapter 13 Trustee’s objection to debtor’s post-confirmation modification of plan. Plan that proposes to pay nothing to creditors during entirety of plan duration not proposed in good faith.
Secured lender bid in the Debtor’s real estate at a foreclosure sale that occurred a few hours before Debtors filed a Chapter 7 case. Because the Court granted retroactive relief from the automatic stay, the Court declined to address whether the mere conclusion of bidding at a foreclosure sale terminates a debtor’s equity of redemption when the lender is the high bidder.
Summary judgment granted on claim that debt is excepted from discharge under 11 U.S.C. § 523(a)(19) as debt for violation of federal securities law.
Debtor’s attorney ordered to show cause why fees should not be disallowed, reduced, or postponed, why sanctions should not be imposed, and why attorney should not be suspended from filing new cases, when attorney failed to appear at confirmation hearing and attorney who had been contacted to represent debtors at hearing after the time the hearing was scheduled to begin could not be prepared to represent them.
Order denying motion for entry of default and default judgment. Even if answer to complaint is filed late, if it is filed prior to request for entry of default, clerk may not enter default, Fed. R. Civ. P. 55(a).