(Attorney's decision to reopen prior case rather than file new Ch13 bankruptcy case to stop execution sale constituted professional malpractice; expert witness not necessary when the ordinary experience of the fact-finder provides sufficient basis for determining standard of care)
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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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(permissive abstention under §1334(c)(1) is not authorized unless the plaintiff has an alternative forum available);
(Under 11 U.S.C. §105(a), the bankruptcy court has authority to enjoin collection activities allowed by 11 U.S.C. §362(b)(2)(D) (suspension of Debtor's drivers' license) when warranted by circumstances);
(Denial of Debtor's motion to reopen to file proceeding to determine dischargeability of student loan: Debtor failed to set forth prima facie case of undue hardship and bankruptcy court is not exclusive forum for determination of student loan dischargeability);
(BAPCPA amendments to §§523(a)(5) and (a)(15) strengthened Congressional policy favoring enforcement of family obligations by rendering all support and property division obligations nondischargeable);
Honorable Paul W. Bonapfel
A plaintiff cannot voluntarily dismiss an objection to discharge without providing notice of the proposed dismissal to the trustee, the Unites States Trustee, and other parties as the Court directs. Fed. R. Bankr. P. 7041. Moreover, when a claim that a debt is nondischargeable is joined with an objection to discharge, the Court ordinarily does not permit settlement of the dischargeability matter unless the discharge objection is first resolved. Kay v. Parker (In re Parker), 2003 WL 21703528 (Bankr. N.D.Ga. 2003)
The Court has the discretion to determine whether information is “required” under § 521(a)(1), even when such inquiry occurs after the 45 day deadline. Court scheduled hearing to determine whether debtor, whose schedules reflect that she is self-employed is required to file “copies of all payment advices or other evidence of payment received within 60 days before the date of the filing of the petition, by the debtor from any employer of the debtor” or whether, to the extent the Debtor was exclusively self-employed during this time period, the Court may “order otherwise” and excuse this filing requirement
Debtor whose case is properly filed in one division of Northern District may, under BLR 1070-1, file in another division in the District in which the case of an affiliate is pending.
Judge James E. Massey (Retired)
Pro se debtor’s Chapter 11 case was dismissed on motion of U.S. Trustee based in part on Debtor’s refusal to answer the Trustee’s questions. Ms. Williams contended that the debtor is a corporation called “Shaquannah N. Williams cestui que trust,” that she is a secured creditor of the Debtor and that one of the Debtor’s assets is an “indemnity bond” for $300,000,000, which she would use to pay her mortgage. The Court did not buy her contentions.
NOT INTENDED FOR PUBLICATION
Judge Joyce Bihary (Retired)
Order granting relief from automatic stay to proceed with spouse's claim against real property in divorce proceedings.