Pro se Motions to avoid lien denied, without prejudice, to permit debtor time to amend Schedule C to claim residence as exempt.
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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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Honorable Paul W. Bonapfel
Because the Plaintiff’s request for entry of money judgment was founded on the avoidance of transfers, entry of default judgment must be made by court under Rule 55(b)(2), and not clerk under Rule 55(b)(1), but default judgment could not entered presently due to failure to comply with Servicemembers Civil Relief Act.
Order denying the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(8). Debtor had prior case, filed over seven years earlier as a chapter13 and converted and discharged as chapter 7. Debtor contended that, because she filed the prior case under a chapter 13, § 727(a)(8) is inapplicable. The court concluded that this argument ignores the plain language of both § 727(a)(8) and § 348(a). Section 727(a)(8) does not require that the prior case be commenced under chapter 7; it only requires that the debtor has been granted a discharge under chapter 7 in a case commenced within the previous 8 years. Secondly, courts have construed § 348(a) to mean that a case that has been converted to chapter 7 from chapter 13 relates back to initial filing date for purposes of discharge.
Judge James E. Massey (Retired)
Motion for stay relief denied. In May 2009, movant’s attorney submitted a proposed order not consented to by opposing counsel that recited “at the January 9, 2009 hearing, the parties stipulated” an agreement. In fact, a different attorney for movant had merely announced at the calendar call in January that a consent order would be presented. Because movant’s attorneys failed to comply with BLR 9013-2(a), which requires submission of a proposed order within 7 days of a scheduled hearing, and because the proposed order misstated what happened at the hearing and lacked debtor’s counsel’s consent, the court denied the motion.
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(Order denying motion for court to resume jurisdiction to determine added cause of action under 11 U.S.C. Section 523(a)(2) as relating back to original filing under Fed.R.Civ.P. 60(b)(6) applicable through Fed.R.Bankr.P. 9024. Plaintiff-Movant failed to provide sufficient factual allegations to warrant amendment and setting aside Court's prior order dismissing its claim under Section 523(a)(6)).
Honorable Mary Grace Diehl (Recall)
Order granting Debtor’s application for waiver of the Chapter 7 filing fee when Debtor’s income was less than 150% of the poverty guideline after deducting domestic support payments, made by Debtor to another household, from Debtor’s income.
Order allowing Creditor’s administrative expense claim pursuant to 11 U.S.C. § 503(b)(9), but denying immediate payment thereof when Debtor has a pending adversary proceeding to determine Credtior’s liability for preferential payments. The Court also held that 11 U.S.C. § 502(d) is not a defense to the allowance of § 503(b)(9) claims due to the limited applicability of § 502 to claims pursuant to 11 U.S.C. § 501.
Judge Joyce Bihary (Retired)
11 U.S.C. § 523(a)(8); Debtor's motion to reopen case to file undue hardship complaint Granted
(granting plaintiff additional time to obtain account records to provide in response to defendant's discovery requests and extending the discovery period).