Order granting Trustee’s motion for court determination that pre-petition judgments held by Debtor were an asset of the bankruptcy estate. Judgements arising from a pre-petition cause of action held by Debtor, that was disclosed in Debtor’s Statement of Financial Affairs, but was not included on Debtor’s Schedules, were not abandoned to Debtor by operation of law at the close of Debtor’s case pursuant to 11 U.S.C. § 554. Only property “scheduled” under § 521(1) is abandoned to the debtor, if not otherwise administered, at the close of the case.
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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)
(D's motion for stay pending appeal is denied)
(Default opened because of Defendant's attorney's abandonment)
denying creditor's motion to dismiss Chapter 7 case for bad faith pursuant to section 707(a)
(Ch13T's motion regarding disbursement of excess foreclosure proceeds)
(Mo to open default granted because Defendant was not properly served)
denying motion for summary judgment on whether debt arose under the Perishable Agricultural Commodities Act and whether the debt is nondischargeable under section 523(a)(4)
Judge Joyce Bihary (Retired)
Chapter 7 Trustee’s motion to compel Debtors to deliver property and cooperate with the Trustee and to vacate their residence granted with specific instructions
Judge James E. Massey (Retired)
Creditor sought stay relief for violation of consent order, which was presented and entered just a few days before the creditor claimed a default that preceded the entry of the consent order. The Court vacated the consent order, stating that “To present a consent order that purports to settle a dispute but is in fact a time bomb that will go shortly after it is entered based on acts or omissions that occurred prior to its entry is to undermine confidence in the use of consent orders to settle disputes.”
NOT INTENDED FOR PUBLICATION