(sustaining Chapter 13 trustee's objection to confirmation and holding that exempt income may, nonetheless, constitute disposable income)NOT INTENDED FOR PUBLICATION
You are here
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.
(denying motion to reopen no-asset Chapter 7 case for purpose of adding omitted creditors)
NOT INTENDED FOR PUBLICATION
(sole proprietorship may proceed without an attorney)
(denying defendant's motion for summary judgment on plaintiff's 523(a)(5)/(a)(15) complaint)
NOT INTENDED FOR PUBLICATION
(§523(a)(4) defalcation while acting in fiduciary capacity)
(use of deposition transcript in lieu of defendant's live testimony; §523(a)(4) conversion of insurance proceeds)
Honorable Mary Grace Diehl (Recall)
(Debtor's failure to file amended returns after the Internal Revenue Service revised his income upwards, renders his 1996 and 1997 state tax liabilities to be non-dischargeable pursuant to section 523(a)(1)(B)(i))
(Order holding that dental equipment and furnishings repossessed prepetition were property of the estate and subject to turnover pursuant to section 542. Debtor able to use Chapter 13 plan to facilitate his right of redemption.)
Judge James E. Massey (Retired)
Debtors may not avoid effect of reaffirmation agreement after deadline for rescinding it has passed by seeking to reopen the case and to amend their statement of intentions.
NOT INTENDED FOR PUBLICATION
For purposes of section 365(d)(3) of the Bankruptcy Code, an obligation to pay rent, taxes or some other expense under an unexpired lease arises at the time that the tenant's liability on that obligation becomes fixed in an amount unalterable by subsequent events, such as the termination of the lease. If section 365(d)(3) does not apply, a landlord is entitled to payment of an administrative expense with respect to stub rent under section 503(b)(l) until rejection of an unexpired lease.