Motion to avoid judicial liens named “Sears” and “Chase” as respondents. Motion denied for improper service under Rule 7004. Failure to use precise legal names of respondents probably contributed to failure to effect proper service.
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.
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Judge James E. Massey (Retired)
Debtor sued to recover damages and repossessed automobile, alleging a willful violation of the automatic stay. Complaint alleged facts that established the claim except for amount of actual damages and attorney’s fees and was properly served with a summons. Defendant failed to answer, and Plaintiff moved for a default judgment. Defendant then filed a belated answer. Held: motion granted. Failure to file a timely response resulted in admission of well-pleaded facts, entitling Plaintiff to partial judgment directing turnover of car and adjudication of liability under section 362(k), with amounts of actual damages, punitive damages and attorney’s fees to be tried.
NOT INTENDED FOR PUBLICATION
Court denied unopposed motion to avoid judicial liens that alleged only that the liens impaired a $10,000 exemption with respect to a residence valued on schedule C at $656,000. Debtor failed to allege in the motion that there were any other liens against the residence. In his schedule C, however, Debtor showed consensual liens amounting to only $430,396, leaving ample equity to support the judicial liens after reserving for the claimed exemption.
NOT INTENDED FOR PUBLICATION
Court denied unopposed motion to avoid lien held by a respondent that is an insured depository institution because movant failed to show in the certificate of service compliance with Fed. R. Bankr. P. 7004(h).
NOT INTENDED FOR PUBLICATION
(motion to dismissed so debtor could refile and obtain discharge of taxes denied; conversion to Ch13 OK);
(denial of motion to set aside default judgment)
(holding that the debtor does not have an absolute right to dismiss a Chapter 13 case; court has limited discretion to consider a request to convert the case to Chapter 7).
Judge Joyce Bihary (Retired)
Order denying motion to reopen Chapter 13 case.
Judge Robert E. Brizendine (Retired)
(Order granting motion for summary judgment against Debtor under 11 U.S.C. Section 727(a). Court also granted summary judgment against nondebtor Co-Defendant secured creditor for willful violation of automatic stay under 11 U.S.C. Section 362(k) and set a hearing to determine amount of any damages. Although Co-Defendant did not participate in Debtor's wrongful sale of property, it did receive proceeds from Debtor that it used to reduce its claim without seeking Court authority even though it had knowledge of bankruptcy case.)
Honorable Paul W. Bonapfel
Pro se Motions to avoid lien denied, without prejudice, to permit debtor time to amend Schedule C to claim residence as exempt.