In action to deny the Debtor’s discharge or, alternatively to determine dischargeability of debt, secured creditor contended that Debtor sold collateral within one year of bankruptcy in violation of security agreement with intend to defraud creditor and that Debtor fraudulently and falsely stated that he had transferred assets. Held: judgment for Debtor. Security Agreement did not unambiguously prohibit transfers of collateral. Plaintiff failed to prove Debtor deliberately lied, as opposed to being mistaken or negligent, in stating he had not transferred an asset within one year. [§§ 727(a)(2), (a)(4), 523(a)(6)]
NOT INTENDED FOR PUBLICATION
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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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Judge James E. Massey (Retired)
Landlord moved for payment as an expense of administration its legal fees incurred in opposing Debtor’s motion to extend time to assume or reject a sublease. Motion was denied because Landlord failed to show any benefit requested by or conferred on estate.
NOT INTENDED FOR PUBLICATION
Petition filed in name of Debtor was signed by her husband, who was ineligible to file bankruptcy. Court modified stay to permit creditors to continue foreclosure efforts short of transferring title and required Debtor to appear at Clerk’s office with identification to execute petition.
NOT INTENDED FOR PUBLICATION
Landlord sought payment of postpetition rent on premises leased by Debtor, which it subleased to third party. Third party, also in bankruptcy, paid Landlord directly after the petition date. Landlord applied such payments to prepetition rent due from Rhodes. Held: Landlord’s application of payments violated automatic stay as a an act to collect a debt. There was no evidence to show that subtenant was paying or could legally pay a prepetition debt owed by Rhodes.
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(11 U.S.C. Section 547, voidable preferential transfer)
(Debtor's exemption claim denied due to Debtor's failure to disclose and then later unauthorized sale of the subject property)
(default judgment entered due to Defendant's failure in all respects, except filing an answer, to participate in the AP)
(motion for reconsideration denied because insufficient grounds alleged for reconsideration)
(failure to serve Debtor's attorney within the 120 day time limit of FRBP 7004(m) does not render complaint untimely filed under FRBP 4007)
(granting defendant's motion for summary judgment as to plaintiff's complaint to have the Court force the IRS to release a tax lien)
NOT INTENDED FOR PUBLICATION