Court denied defendant’s motion for summary judgment in section 523(a)(2) case, rejecting contentions that note given to evidence the debt effected a novation thereby barring a claim that plaintiff had been defrauded and that note was an accord and satisfaction of fraud claim.
NOT INTENDED FOR PUBLICATION
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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 James E. Massey (Retired)
Plaintiff’s first amendment to the complaint, filed prior to any response by defendants, stated it superceded the original complaint in its entirety. Plaintiff then filed a withdrawal of the amendment. Defendant moved to dismiss on the ground that Plaintiff had withdrawn its only complaint. Motion Denied. Withdrawal of the amendment would have withdrawn the statement that the original complaint was superceded, thus would have restored the original complaint and hence was itself an amendment. Civil Rule 15, made applicable by Fed.R. Bank. P. 7015, required leave of court to withdraw the amendment in the absence of consent of defendants.
NOT INTENDED FOR PUBLICATION
Plaintiff’s motion for order directing Clerk to certify judgment for filing in another district granted pursuant to 28 U.S.C. § 1963, notwithstanding that judgment was appealed, where defendants had no assets in this District but had assets in the New York.
NOT INTENDED FOR PUBLICATION
Chapter 13 debtor is not required to obtain court approval to employ an attorney in a child custody dispute but the debtor may not pay the attorney with estate property without court approval, but court granted application to employ.
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
(Order on Debtor's objection to proof of claim of Vineyards Condominium Association, Inc. Court concludes that only $2,127.25 of the $4,132.95 fees and expenses requested were allowable as "reasonable attorney's fees actually incurred" under OCGA 44-3-109(b))
(Order continuing evidentiary hearing and notice to creditor's attorney and debtor's attorney to show cause. On the evening before specially set evidentiary hearing, creditor's attorney filed motion for continuance and left voicemail message "advising" the courtroom deputy of the continuance on the day of hearing. Court finds that professionalism dictates that parties contact court well in advance of hearing and that the presumption that other parties, including the Chapter 13 trustee and the court reporter, are not affected "illustrates an indifference to the value of other persons' time and schedules that the Court will not tolerate." Although motion for continuance granted, court directed attorneys to show cause why they should not be required to pay the fee incurred by the Court for the unnecessary services of a court reporter.)
(denying plaintiff's motion to amend complaint to add cause of action against additional defendants for avoidance of a fraudulent transfer because plaintiff lacked standing to pursue such claims and, therefore, amendment would be futile)
NOT INTENDED FOR PUBLICATION
(denying plaintiff's motion for judgment on the pleadings because of improper service and granting defendant's motion to reopen default)
NOT INTENDED FOR PUBLICATION
(denying plaintiff's motion for default judgment and allowing plaintiff an opportunity to amend complaint or submit additional evidence to support the plaintiff's claim)
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(F.R.C.P. 4(m), F.R.B.P. 7004, extending time for service of process)