(Topic: Dischargeability; Subtopic: student loan);
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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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(Claims: ex-husband's claim to recover overpayment of child support allowed as §507(a)(1)(A) priority claim)
(Court denied the Plaintiff's post-judgment Motion for Leave to File an Amended Complaint, concluding that Federal Rule of Civil Procedure 15(a) governs amendment to pleadings before judgment is entered, and because the Plaintiff failed to satisfy either Federal Rule of Civil Procedure 59(e) or 60(b) and gain relief from the judgment, the Court could not grant the Plaintiff's request to amend his Complaint).
(Attorneys fees: former spouse who prevails in proceeding under §523(a)(5) is not entitled to award of attorneys fees);
(Eligibility: A non-business trust is not eligible to be a debtor under Chapter 7);
(Equitable subordination);
(Dischargeability: Creditor's claim non-dischargeable under §523(a)(3));
Honorable Paul W. Bonapfel
Order denying creditor’s ex parte motion for order confirming bankruptcy petition does not operate as stay of writ of possession to evict post-foreclosure tenant at sufferance. Section 362(b)(22)’s exception to the automatic stay applies only to a landlord-tenant relationship and, therefore, is not applicable to facts of case. Creditor may file motion for relief from stay, subject to notice and hearing.
NOT INTENDED FOR PUBLICATION
Honorable James R. Sacca
Court denied Defendant's motion for judgment on the pleadings because complaint--which alleged that Defendant garnished Debtor's wages post-petition--alleged sufficient facts to state a claim for violation of the automatic stay, possibly warranting damages under Code Section 362(k).
Court denied Plaintiff's motion to amend complaint and add count seeking denial of discharge under Code Section 727(a)(4) because the deadline for objecting to discharge under Rule 4004(a)had passed and new objection did not stem from the conduct, transactions, or occurrences pled in the original complaint.