(granting motion for relief from stay and dismissing debtor's case due to ineligibility under section 109(g)(2))
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.
(Sections 502(a), 704(5); Bankruptcy Rule 3007. Denying Motion to Allow Filings of Motions for Summary Judgment)
Denying in forma pauperis status and dismissal for failure to pay filing fee
(granting motion for relief from stay to permit creditor to continue eviction proceedings and denying debtor's motion for refusal)
NOT INTENDED FOR PUBLICATION
(motion to extend discovery granted because Debtor failed to show specific prejudice that would result from such extension)
(denies motion to proceed with appeal in forma
pauperisbecause appeal lacks merit)
Honorable Paul W. Bonapfel
(Order regarding conduct of debtor's attorney and the professional responsibilities of an attorney representing a chapter 7 debtor)
NOT INTENDED FOR PUBLICATION
Order denying motion to avoid lien and amended motion to avoid lien without prejudice due to improper service of motion and notice
NOT INTENDED FOR PUBLICATION
Judge Joyce Bihary (Retired)
Trustee moved to vacate Order approving a compromise and settlement. Trustee’s motion granted pursuant to Fed. R. Civ. P. 60(b)(1), (b)(3), and the failure to provide adequate notice pursuant to Fed. R. Bankr. P. 9019
Judge James E. Massey (Retired)
Trustee sued Home Depot to recover balance due for postpetition sales of ladders. Home Depot moved for summary judgment, contending it could recoup or set off what it owed Debtor (Krause) against Krause’s debt to Home Depot arising out of failure to provide insurance and indemnity with respect to sales of defective ladders. Motion denied. Home Depot failed to show that Krause’s obligations to Home Depot arose from the same transaction as Home Depot’s obligation to Krause (thereby precluding recoupment) or that its claims and Krause’s claims were both prepetition obligations or both postpetition obligations (thereby precluding setoff).
NOT INTENDED FOR PUBLICATION