(denial of motion to stay proceedings in the bankruptcy case based upon debtor's request for inquiry by UST);
You are here
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.
You can narrow your search by judge and/or year below. You can also use the search feature above to search by name, word, or phrase. The single opinions are in PDF text format and may be searched for word, phrase, or date by using “Control F,” the Windows search function available in any Windows application.
(judgment for debtor in objection to discharge because pro se debtor lacked requisite scienter)
(on motion for reconsideration, granting trustee's motion for summary judgment as to defendant's ordinary course of business defense).
(DA in case converted from Ch11 to Ch7 required to turn over prepetition retainer to Trustee; "security retainer" not recognized. Also, value of DA's services did not exceed (or even equal) the amount of the retainer); entered 1/15/08; order denying motion for reconsideration entered 2/4/08; Notice of Appeal filed 2/14/08.
Judge Robert E. Brizendine (Retired)
(11 USC Sections 502(b), 522(f), preclusive effect of lien avoidance regarding treatment of secured claim through Chapter 13 plan and need for objecting to underlying claim).
Judge James E. Massey (Retired)
Motion to vacate dismissal order filed two months after dismissal denied as untimely.
NOT INTENDED FOR PUBLICATION
Objection to claim of Pension Benefit Guaranty Corporation on ground that amount of claim is overstated was denied. Claim is not for future payments but rather is presently due, such that court has no authority to recalculate the claim.
Honorable Mary Grace Diehl (Recall)
Order Denying Debtor’s Motion for Reconsideration and Motion for Stay.
Order Denying Dr. Suraiya Mateen’s Motion to Compel Trustee to Deposit Funds into the Court’s Registry and re-entering the Court’s May 5, 2004 Order. The Court’s May 5th Order was previously remanded by the District Court for erroneous reliance on the doctrine of res judicata where a writ of certiorari was pending before the Supreme Court of Georgia. The Court re-entered its Order in light of the Supreme Court of Georgia’s subsequent denial of the writ of certiorari. Motion for Reconsideration filed January 29, 2008.
Honorable Paul W. Bonapfel
Chapter 7 Trustee avoided prepetition transfer of debtor’s undivided interest in real property and thereafter sought to abandon the interest because of the burden and expense of attempting to market the problem due to title difficulties. A judgment creditor objected. The court concluded that abandonment would not reverse the avoidance of the transfer, that the effect of abandonment is that abandoned property reverts to the debtor, and that the debtor could not claim an exemption in it because he had voluntarily transferred it, and that the judgment lien consequently would, upon abandonment, attach to the undivided interest. Because the judgment lien creditor held substantially all of the debts in the case and had a remedy that could be pursued without burdening the estate, the Court permitted the abandonment. The Order also discusses the effect of the judgment lien on other property of the debtor, concluding that it could not attach to property acquired by the debtor after the filing of the petition or to exempt property.