(Kevin E. Wren v. Alley Cassetty Companies, Inc.),(Debtor-Movant filed motion to hold Respondent in contempt for alleged violation of automatic stay and for an award of damages under 11 U.S.C. Section 362(k). Court granted motion concluding that although Respondent agreed to halt prosecution of state court law suit once it learned of Debtor's bankruptcy filing, it still had affirmative duty to file suggestion of bankruptcy in that action as opposed to forcing Debtor to do so. Since Respondent was not motivated by improper intent, there were no grounds for punitive damages, but actual damages in the form of reasonable attorney's fees were awarded).
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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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Judge Robert E. Brizendine (Retired)
(Inpahn Thavongsa and Christ Thavongsa v. Georgia Dep't of Revenue),(Defendant filed motion for summary judgment on Plaintiff-Debtors' complaint to determine dischargeability of certain income tax liability indebtedness. Court held Debtors' state income tax obligation for year in question based on upward adjustment to their income for that year by I.R.S. to be nondischargeable under 11 U.S.C. Section 523(a)(1)(B)(i)).
(Larry H. Tatum v. Lauren Denise Espinosa),(Plaintiff filed motion for entry of default judgment on complaint seeking determination that debt in issue was excepted from discharge under 11 U.S.C. Section 523(a)(5). Court held that guardian ad litem fees were subject to exception as a domestic support obligation since these fees were in the nature of support. Motion granted in favor of Plaintiff and judgment entered).
Defendant filed for summary judgment on Plaintiff-Debtor's complaint to determine dischargeability of tax debt. Court granted motion concluding tax debt nondischargeable under 11 U.S.C. Section 523(a)(1)(B)(i) based on Debtor's failure to file annual state income tax return as required under O.C.G.A. Section 48-7-56).
(Court denied motion of Defendant Coastal Bank & Trust to dismiss complaint asserting claim for equitable marshaling where Defendant argued Court lacked jurisdiction to hear and decide same based on decision of U.S. Supreme Court in Stern v. Marshall, 564 U.S. _, 131 S.Ct. 2594 (2011)).
(Anne Wilson Parham and Lawrence Neil Parham v. Suzanne Harris-Onaxis and Lee Harris-Onaxis),(Court denied renewed motion to dismiss and granted Plaintiff's motion for summary judgment seeking to except various claims as pursued in state court litigation from discharge under 11 U.S.C. Sections 523(a)(2)(A). Looking to state issue preclusion rules, Court determined that an Alabama state court would give preclusive effect to state court order where no trial actually occurred because Debtor-Defendants failed to participate. Finding no definitive authority under Alabama law addressing such situation, Court reasoned that reference to federal authority was appropriate in deciding what effect an Alabama court would give a default judgment. From its review of the state court order that adopted Plaintiff's allegations in that action, the Court found Plaintiff had established grounds supporting entitlement to relief under Section 523(a)(2)(A)).
Defendant filed for summary judgment on Plaintiff-Debtors' complaint to determine dischargeability of tax debt. Court granted motion concluding tax debt nondischargeable under 11 U.S.C. Section 523(a)(1)(B)(i) based on Debtors' failure to file amended income tax return reflecting upward adjustment to Debtors' net income by IRS as required under O.C.G.A. Section 48-7-82(e)(1)).
(Court denied Plaintiffs' motion for summary judgment on complaint to determine dischargeability of debt under 11 U.S.C. Sections 523(a)(2)(A), 523(a)(2)(B), and (a)(6) based on judgment obtained by default in New York state court. Court applied issue preclusion rules of New York, but found that various theories of recovery in the New York judgment, including breach of contract and negligence, were not limited to certain aspects of award and thus, could not support relief under the governing legal standards of the bankruptcy provisions at issue. Matter to proceed to trial).
(Plaintiff-Debtor filed complaint asserting, among other things, that certain tax debt was not enforceable and was dischargeable because a state tax execution was not properly entered and became dormant. Court found Defendant complied with applicable state law (O.C.G.A. Sections 48-3-21; 48-2-56(e)(2); and 9-12-60) in filing its execution and re-recording same by filing nulla bonas. Motion for leave to amend complaint to seek determination of amount of tax liability denied. Judgment granted for Defendant on issue of nondischargeability of subject tax debt for failure to file required tax returns under O.C.G.A. Section 48-7-56)
(Plaintiff U.S. Trustee sought summary judgment on complaint alleging violations of various provisions of 11 U.S.C. Section 110 regarding Defendant's efforts assisting Debtor as a bankruptcy petition preparer. Court granted motion and required return of monies and payment of fines, and enjoined Defendant from acting in such role in connection with other persons).