(§523(a)(4) defalcation while acting in fiduciary capacity)
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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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(use of deposition transcript in lieu of defendant's live testimony; §523(a)(4) conversion of insurance proceeds)
(denying motion to compel discovery because movant had not diligently conducted discovery throughout the case and waited until the discovery period was about to expire to seek additional discovery)
NOT INTENDED FOR PUBLICATION
(denying motion for judgment on the pleadings as to Chapter 7 trustee's fraudulent conveyance action where transferee of property had voluntarily transferred the property back to the debtor, and staying litigation on trustee's objection to debtor's discharge because debtor had converted her case to Chapter 13)
NOT INTENDED FOR PUBLICATION
Judge Joyce Bihary (Retired)
(Chapter 7 Debtor’s motion for leave to sell real estate denied. Once Chapter 7 bankruptcy case is filed, all property in which Debtor had an interest becomes property of the estate. Furthermore, automatic stay already lifted for first mortgage holder and any excess funds recovered by mortgagee are to be paid to Chapter 7 Trustee)
Honorable Mary Grace Diehl (Recall)
(Order granting validation of foreclosure sale conducted after Debtor filed motion to reinstate Chapter 13 case, but before no opposition order was submitted)
(Order denying Defendant's motion to dismiss for failure to state a claim due to the fact that Plaintiff's complaint sufficiently articulates a potential cause of action under section 523(a)(4))
Honorable Paul W. Bonapfel
(Order denying Debtor's motion for recusal under 28 USC section 455. Debtor has failed to set forth with particularity any facts or circumstances which evidence bias by the court. Court has displayed no "deep-seated favoritism or antagonism" toward Debtor; adverse rulings do not establish bias for purposes of disqualification.)
(Service of objection to claim on claimant at address listed on claim but not addressed to person who signed proof of claim is insufficient.)
(On debtor/defendant's motion to dismiss, Order for Plaintiff to show cause why dischargeability complaint should not be dismissed for failure to perfect service of the summons and complaint on the debtor. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, made applicable by Bankruptcy Rule 7004(a), plaintiff is directed to show "good cause" or some other basis why court should not dismiss action.)