(Order granting motion for summary judgment against Debtor under 11 U.S.C. Section 727(a). Court also granted summary judgment against nondebtor Co-Defendant secured creditor for willful violation of automatic stay under 11 U.S.C. Section 362(k) and set a hearing to determine amount of any damages. Although Co-Defendant did not participate in Debtor's wrongful sale of property, it did receive proceeds from Debtor that it used to reduce its claim without seeking Court authority even though it had knowledge of bankruptcy case.)
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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)
(Order denying motion for court to resume jurisdiction to determine added cause of action under 11 U.S.C. Section 523(a)(2) as relating back to original filing under Fed.R.Civ.P. 60(b)(6) applicable through Fed.R.Bankr.P. 9024. Plaintiff-Movant failed to provide sufficient factual allegations to warrant amendment and setting aside Court's prior order dismissing its claim under Section 523(a)(6)).
(11 U.S.C. 523(a)(6), Fed.R.Bankr.P. 7012, nondischargeability of debt (applicability re breach of contract claim))
(Order denying motion to compel discovery under Fed.R.Civ.P. 37, as incorporated by Fed.R.Bankr.P. 9014(c) and 7037. Party asserted Fifth Amendment privilege against self-incrimination, which Court interpreted as extending to any response that might furnish a link in the chain of evidence needed to prosecute said party.)
(Order denying Co-Defendant's motion for summary judgment on complaint to determine dischargeability of debt under 11 U.S.C. Section 523(a)(3). Movant asserted Plaintiff-Debtor's failure to list claim it holds as assignee excepts debt from discharge. Court held that whether or not assignor had notice, Movant charged with notice by virtue of its listing in Debtor's schedules. In other words, a purported lack of knowledge of a bankruptcy case cannot be imputed to an assignee with notice. Judgment granted in favor of Debtor.)
(Order granting Trustee's motion for summary judgment and denying Debtor's discharge under 11 U.S.C. Section 727(a)(5)).
(11 USC Section 523(a)(1), dischargeability of income tax liability).
(11 USC Sections 502(b), 522(f), preclusive effect of lien avoidance regarding treatment of secured claim through Chapter 13 plan and need for objecting to underlying claim).
Order denying summary judgment and granting motion to dismiss complaint (applicability of dischargeability exceptions under 11 U.S.C. Section 523(a) in 11 U.S.C. Section 1328(a) (pre-BAPCPA case));
(motion for summary judgment, 11 USC Section 523(a)(6), collateral estoppel)