(Reaffirmation agreement was "made" pre-discharge when Debtor and the creditor executed the agreement pre-discharge, but Debtor's attorney executed the agreement after entry of the discharge);
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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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(motion to extend Rule 4007 bar date was untimely when it was filed one day after last day of previous extension of time; also where no contested matter or adversary proceeding is pending, bankruptcy court lacks subject matter jurisdiction to approve a settlement about dischargeability);
Debtor presented insufficient information to show she is entitled to waiver of filing fee); Case was dismissed by order entered 10/28/08.
(For above-median-income debtors in a Chapter 13 case, "projected disposable income" will be calculated based upon the actual income Ds expect to earn during the term of the plan less the actual projected expenses as calculated under §707(b)(2)(A) and (B), i.e. the form B22C expenses);
(Mere passage of time does not constitute prejudice sufficient to deny motion to amend complaint and to reopen discovery);
Trustee’s Objection to Confirmation; (Confirming a 36-month plan for an above-median income debtor over Trustee’s § 1325(b)(1)(B) objection; holding that with respect to § 1325(b)(1)(B), the applicable commitment period, prescribed in 1325(b)(4) for an above-median income debtor, is irrelevant when the debtor has no projected disposable income);
Honorable Paul W. Bonapfel
(Order granting Plaintiff’s motion for summary judgment and denying Trustee’s motion for summary judgment. Debtor held legal title to loan in trust for the benefit of the Plaintiff, its equitable owner and, as a result, the loan is not property of the Debtor’s estate. Prepetition transaction did not effect a transfer of anything more than bare legal title to the Debtor for the purpose of permitting it to sell the loan to another purchaser on behalf of the Plaintiff and to remit the sales proceeds to the Plaintiff; it did not transform the Plaintiff’s ownership interest into a security interest.)
Judge James E. Massey (Retired)
Motion of Debtor’s counsel to withdraw denied where counsel failed to comply with BLR 9010-5.
NOT INTENDED FOR PUBLICATION
Pursuant to Findings of Fact and Conclusions of Law, Court denied Chapter 7 Debtor’s discharge for failure to account for approximately $500,000 borrowed from banks using credit card checks. Facts also supported denial of discharge for transferring and concealing property with intent to defraud.
NOT INTENDED FOR PUBLICATION
Honorable Mary Grace Diehl (Recall)
Judgment for Plaintiff for Truth In Lending Violations on the Motor Vehicle Pawn Contract, 15 U.S.C. § 1632(a), and damages awarded for willful stay violation for the postpetition sale of Debtor’s car, 11 U.S.C. § 362(k) (including emotion distress damages), based on excessive interest rate charged by Defendant which voided the pawn transaction by operation of law, O.C.G.A. § 14-12-131(b), and Defendant lost the automatic forfeiture benefit of the Georgia Pawnshop Act;