(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)
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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.
Judge Joyce Bihary (Retired)
Debtor’s pro se motion “to retain home,” which was treated as a motion for reconsideration of two Orders, one dismissing his Chapter 13 case and the other validating a foreclosure sale of his residence, was denied as Debtor had filed previous cases and had opportunities to propose a feasible Chapter 13 plan
(dismissal of Chapter 11 case filed in bad faith)
(sua sponte dismissal of pro se complaint that fails to state a claim)
(denying debtor's motion to impose stay to prevent eviction that was excluded from the automatic stay by virtue of section 362(b)(22)
NOT INTENDED FOR PUBLICATION
(construction and reconsideration of pro se pleadings)
Honorable Paul W. Bonapfel
(Order granting Trustee's motion for default judgment and denying Debtor's discharge pursuant to sections 727(a)(2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), and 727(a)(5))
Judge James E. Massey (Retired)
Landlord’s motion for payment of rent pursuant to section 365(d)(2) granted in part and denied in part. Court found that landlord failed to prove that obligation in lease to pay rent for the month during which debtor filed bankruptcy arose after the first day of the month.
NOT INTENDED FOR PUBLICATION
Creditor moved for order allowing a late filed claim in a Chapter 7 case on the ground that she had not received proper notice of the bar date. Held: Motion denied. Court lacks authority to extend bar date under applicable rules.
NOT INTENDED FOR PUBLICATION
Honorable Mary Grace Diehl (Recall)
Order sustains debtor's objection to deficiency claim due to car creditor's admitted failure to fully comply with applicable non-bankruptcy law when liquidating collateral after obtaining relief from the automatic stay;