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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 James E. Massey (Retired)

Bankruptcy Court has jurisdiction over debtor who claimed to be beyond the Court’s power as a “sojourner with no ties to the land” and “an Indigenous Peoples (sic) in the lineage of the Olmec Civilization, with heritage upon the land, Muu Lan.”
NOT INTENDED FOR PUBLICATION

Debtor is the sole member of a limited liability company known as Law Group of Georgia by Stadler, LLC.  Prior to the bankruptcy, N.C.A. Systems of Illinois, Inc. sued Debtor and the LLC and later obtained a judgment against the LLC.   N.C.A. allegedly continued to collect receivables of the LLC after Debtor’s bankruptcy.  Zamora, a creditor of Debtor, moved to hold N.C.A. in contempt for violating the automatic stay.   Held: Motion denied.  Property of LLC is not property of Debtor’s estate, and Zamora lacks standing to enforce the automatic stay.
NOT INTENDED FOR PUBLICATION

(denying in part and granting in part plaintiff's motion for sanctions against defendant for failure to cooperate in discovery)
NOT INTENDED FOR PUBLICATION

denying motion to reopen
NOT INTENDED FOR PUBLICATION

(extending discovery over the objection of the defendant)
NOT INTENDED FOR PUBLICATION

(denying motion for summary judgment as to creditor's section 523(a)(2)(A) and 727(a)(3) claims)
NOT INTENDED FOR PUBLICATION

(Debtor's presentation of a bad check was a false representation; Plaintiff entitled to dischargeability judgment under §523(a)(2)(A))

(denying plaintiff's motion to enforce settlement agreement where settlement required debtor to enter a reaffirmation agreement)
NOT INTENDED FOR PUBLICATION

Judge Joyce Bihary (Retired)

(on Debtor’s motion for stay pending appeal, Court denied Debtor’s motion but modified previous Order prohibiting Debtor from filing any bankruptcy case for 180 days to allow him to file a Chapter 7 case and allowed Homecomings Financial to foreclose but not record its deed without written consent of Chapter 7 Trustee or Court approval if Debtor filed a Chapter 7 before the foreclosure date)

Judge Robert E. Brizendine (Retired)

(11 USC 523(a)(2)(A), nondischargeability)

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