Motion for default judgment granted in part. Facts alleged in the complaint satisfied the elements of a claim under 11 U.S.C. § 523(a)(2)(c).
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)
Motion of plaintiff to dismiss answer of defendant filed by attorneys lacking authorization to file answer for that defendant was granted where defendant had not ratified the answer. Motion to fine lawyers who filed unauthorized answer was denied. Sanctions payable to the Clerk are the province of the Court and could not be imposed based on a state statute urged by plaintiff.
NOT INTENDED FOR PUBLICATION
Asserting that debtors assumed a lease, vehicle lessor moved for allowance of administrative claim based on excess mileage. Neither an order reimposing stay nor the order confirming debtors’ amended plan approved assumption of the lease, where plan provided only that debtors would to “continue post-petition lease payments” and would increase plan payment to trustee by amount of lease when lease ended. Lessor failed to show that the lease provided any benefit to the estate.
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
An application for unclaimed funds paid into the court’s registry by a trustee pursuant to 11 U.S.C. § 347(a) must show that the creditor has a present entitlement to the funds. An applicant seeking unclaimed funds due to distributions made on account of a secured claim must show that the debt has not been satisfied through payment or foreclosure and that an amount is currently due and payable to which the unclaimed funds may lawfully be applied. Because the applicant has not done so, the application is denied without prejudice. Any future application must be served on the debtors, their counsel, and the trustee.
(Order on Plaintiff’s motion to strike reference to corporation and Defendant’s motion to dismiss. It is not inappropriate for debtor to list a Corporate name, to extent it is a trade name or a name under which the debtor may have incurred some personal liability, in the caption of the petition. Nevertheless, corporation is not a debtor in the bankruptcy case. Motion to dismiss denied because complaint sets forth 523(a)(4) and (a)(6) claims in sufficient detail for defendant to answer and defend)
Honorable Mary Grace Diehl (Recall)
Order denying defendants’ motion for approval of signature bond and granting motion for stay contingent upon defendants posting appropriate supersedeas bond.
Order disallowing claim for fees under O.C.G.A. § 9-15-14 and disallowing the purported amended claim under O.C.G.A. § 51-7-80 as a late filed new claim.
Order finding transfers by Debtor of his residence and ninety percent of the stock in his business fraudulent under O.C.G.A. § 18-2-22(2) and § 18-2-22(3) and ordering Defendants to turnover the property to the Trustee and to pay the Trustee for the value of the stock.
Order denying cross motions for summary judgment and denying Defendants’ motion to amend the answer. If the debtor’s employer had a policy or practice of paying terminated employees for unused vacation upon termination, then the debtor’s contingent right to payment belongs to the bankruptcy estate and if the contingency occurs post-petition, the funds received belong to the Trustee.
(denying motion for confirmation of termination of automatic stay)