(11 U.S.C. Section 523(a)(2)(A), dischargeability, collateral estoppel, apportionment challenge to state court award)
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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 Robert E. Brizendine (Retired)
(28 U.S.C. Section 1334(b), subject matter jurisdiction)
(O.C.G.A. Section 44-13-100(a), 11 U.S.C. Section 522(f), entitlement to exemption in real property by virtue of interest of non-filing spouse)
(priority of liens, judgment lien and federal and state tax liens)
(striking defendant's answer as a sanction for failure to comply with Court's order compelling discovery and entering default judgment in favor of plaintiff)
NOT INTENDED FOR PUBLICATION
(granting defendant's motion to set aside entry of default on the basis that the plaintiff presented no evidence to the Court to permit entry of default against the United States of America)
NOT INTENDED FOR PUBLICATION
(denying defendant's motion to extend time to answer on the basis that the pleading was not prepared and filed by a licensed attorney, and a corporate defendant may not proceed pro se)
NOT INTENDED FOR PUBLICATION
Judge James E. Massey (Retired)
Debtor sued its secured lender in an attempt to stop a foreclosure on property owned by Debtor’s principal in which Debtor conducts its business and with complaint filed a motion for “Expedited Hearing on Complaint.” Motion denied because motion sought immediate trial; proper procedure was to have filed motion for TRO or preliminary injunction. Motion alleged no facts to support injunctive relief.
NOT INTENDED FOR PUBLICATION
Pro se Chapter 13 Debtor’s post-confirmation objection to proof of claim of secured creditor on ground that interest rate higher than 7% would make it impossible for debtor to perform plan denied.
NOT INTENDED FOR PUBLICATION
Wife of president of Debtor was insider of the debtor within meaning of 11 U.S.C. § 101(31), whether or not she was related to her husband by affinity and even though she had no control over debtor, because she had a close relationship to her insider husband and loans she made to debtor and their repayment were not arms’ length transactions. Judgment on preference claim for trustee.
NOT INTENDED FOR PUBLICATION