(granting motion to deem facts admitted, but denying motion for expenses pursuant Rule 37(c)(2)).
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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.
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.
(bankruptcy court retains jurisdiction while appeal pending to consider matters related to but different from the matter on appeal)
Honorable Paul W. Bonapfel
Court discussed duties of attorney with regard to credit briefing requirements of § 109(h).
Judge James E. Massey (Retired)
Section 521(i)(3) provides the only means by
which a debtor who has not complied with section 521(a)(1) may avoid automatic dismissal as of the 46th day following the petition date. Hence, Debtor’s motion for the Court to “order otherwise” after the 46th day had passed to permit late filing of pay stubs was DENIED.
NOT INTENDED FOR PUBLICATION
Motion by Debtor’s counsel to withdraw DENIED because counsel failed to strictly comply with BLR 9010-5 dealing with withdrawal.
NOT INTENDED FOR PUBLICATION
Motion to file late prepetition and postpetition administrative expense granted under Pioneer test.
NOT INTENDED FOR PUBLICATION
Honorable Mary Grace Diehl (Recall)
Order Granting Defendant’s Motion for Relief from Admission.
Order Denying Plaintiff’s Motion for Default Judgment. The facts set forth in Plaintiff’s complaint failed to make out a prima facie case under 11 U.S.C. § 523(a)(6).
Order Denying Defendant’s Motion in Limine. The Court declined to exclude certain of Plaintiff’s exhibits on Defendant’s Motion in Limine where Defendant’s objections went to weight and not admissibility of the documents. The Court noted that the denial of a motion in limine does not result in the admission of the subject documents, but is merely a determination that admissibility is better decided in the context of the trial.