(Order denying Defendants' motion for summary judgment and granting Plaintiff's cross-motion for summary judgment. Defendants found to be in willful violation of the automatic stay by merely staying and not releasing bank garnishment which had been instituted pre-petition against Debtor. Defendants, although notified of the bankruptcy case, elected to take no action such as seeking relief from the stay or for adequate protection within a reasonable time period)
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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 Mary Grace Diehl (Recall)
(Order granting Plaintiffs' motion for summary judgment. State court judgment on "all claims" satisfies Plaintiffs' dischargeability action due to collateral estoppel)
Judge James E. Massey (Retired)
Holder of administrative expense claim moved for order allowing her to file a late claim on the ground she had not received the notice of the deadline. Reorganized debtors contended that there was a presumption of delivery of the notice based on affidavit of employee of servicing agent concerning mailing. Held: Affidavit was insufficient to created a presumption of delivery. Movant proved that she did not receive notice and that even if she had, her failure to file timely was due to excusable neglect.
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(denial of motion to dismiss and conversion of case to case under chapter 7; 11 U.S.C. Section 1307(b) & (c))
Docket Nos. 829 and 905 (exhibit B) (granting in part debtor's motion for approval of a key-employee retention program)
Judge Joyce Bihary (Retired)
(United States Trustee’s motions to dismiss with prejudice Debtor’s two pro se Chapter 11 cases granted. United States Trustee has standing to file motions to dismiss. Case discusses distinction between U.S. Trustee and case trustees. Washington Mutual Bank F.A.’s motion to validate foreclosure sale at time debtor’s third case was filed denied. Third party purchaser of Debtor’s property objected to creditor’s motion to annul automatic stay and validate foreclosure sale. 11 U.S.C. §§ 105(a), 307, 341, 343, 349, 702, 1104, 112(b))
(debtor filed pro se emergency motion to reconsider Order of dismissal pursuant to § 109(g), to shorten time, and to permit case refiling due to previous extreme hardships and current positive change of circumstances. Previous Order of dismissal appropriate and debtor’s failure to make Chapter 13 plan payments and post-petition mortgage arrearage payments within additional time given warrants denial of debtor’s emergency motion)