11 U.S.C. § 522 (b) and (f)(1), O.C.G.A. § 44-3-232; Debtor’s motion to avoid lien on her residence is denied. Respondent’s lien appears to be a homeowner association’s statutory lien and such a lien is not avoidable under § 522(f)(1). The lien avoidance statute applies only to certain types of judicial liens or a nonpossessory, nonpurchase money security interest in certain types of personal property
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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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Judge Joyce Bihary (Retired)
Debtor requested relief or direction with respect to real property in Mississippi purportedly sold at a tax sale by the Town of Liberty, Mississippi for Debtor’s failure to pay property taxes. The Chapter 7 Trustee and counsel for the Town of Liberty and the individual who purportedly bought the property at the tax sale are ordered to appear and show cause why the tax sale should not be declared void.
The Court needs more facts to determine whether the exception to the automatic stay found in § 362(b)(22) applies. This is the exception with respect to the continuation of any eviction or dispossessory proceeding involving residential property when the landlord has obtained a judgment for possession of the property before the date the bankruptcy case is filed.
(order finding violation of the automatic stay, but awarding no damages because debtor demonstrated no injury).
(denying summary judgment on nondischargeability of credit card debt under section 523(a)(2) due to lack of evidence supporting the creditor's claim that the debtor incurred charges without the subjective intent to repay).
(granting summary judgment to debtor and finding that creditor violated section 362(a)(3) by receiving overpayments postpetition and refusing to return the overpayments upon the debtor's request; rejecting the creditor's contention that it was entitled to retain the overpayments as recoupment of its prepetition claim).
(dismissing insurance company's complaint for declaration that insurance company was not required to defend the trustee in litigation against the estate because the trustee was not the named insured under the policy and the debtor, who was the named insured, was no longer a named defendant in the litigation).
Judge James E. Massey (Retired)
Motion to use cash collateral in Chapter 11 case denied because the motion was not served pursuant to Bankruptcy Rules 9014 and 7004 on creditors alleged to have an interest in cash collateral.
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
Order granting Chapter 13 Debtor’s motion to dismiss 523(a)(6) complaint for failure to state claim. Section 523(a)(6) claim not excepted from a chapter 13 discharge and facts as alleged did not state claim under 1328(a)(4).
Order denying motion to stay post-judgment discovery and collection pending appeal.