(Order granting out of time extension for pro se debtor to file designated items on appeal, but denying motion to stay judgment pending appeal)
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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.
Honorable Mary Grace Diehl (Recall)
Defendant holds valid judgment lien in Plaintiff's personal property located in state of Georgia.
granting, over debtor's objection, application for compensation filed by former Chapter 7 trustee against debtor's Chapter 13 estate
NOT INTENDED FOR PUBLICATION
(Subject matter jurisdiction; core v. noncore)
(O.C.G.A.§ 44-13-100(a)(1); 11 U.S.C. § 522; Sustaining Chapter 7 Trustee's Objection to Debtor's Exemption)
Published
finding debts owed to debtor's former spouse were nondischargeable under sections 523(a)(5) and 523(a)(15)
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
(Order denying plaintiff's motion to compel post-judgment discovery, motion to revive judgment, motion for contempt, and other motions. Federal Rule 69, made applicable by Bankruptcy Rule 7069, which permits post-judgment discovery is inapplicable in this proceeding because the judgment entered by the Bankruptcy Court in 1995 was not a money judgment. The Bankruptcy Court judgment found the state court order of restitution nondischargeable; any issues related to collection of the nondischargeable debt, including post-judgment discovery, should be addressed in proceedings to enforce the state court order in the appropriate nonbankruptcy court.)
Published
(Order denying motion to redeem vehicle. Service of motion to redeem, to "Attn: President," without specifically naming the individual, does not comply with the requirements of Bankruptcy Rule 7004 and the constitutional requirements of due process.)
Judge Joyce Bihary (Retired)
Insurance company’s motion for relief from stay to file declaratory judgment action in this court against debtor and several non-debtor parties denied as no relief from stay needed to file adversary proceeding in same court where debtor’s bankruptcy case is pending and no relief from stay necessary to file adversary proceeding against non-debtor parties
Judge James E. Massey (Retired)
Motion of creditor for order approving reaffirmation agreement with pro se debtor denied where creditor failed to provide copy of contract being reaffirmed and debtor’s schedules showed on their face that she could not afford the payments.
NOT INTENDED FOR PUBLICATION