(Denial of T's motion for conditional abandonment; T must pursue state court claim on behalf of estate);
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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.
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(overruling debtor's objection to claim and denying debtor's request for estimation of claim on the basis that the claim was neither unliquidated nor contingent).
(Debtor's attorney, who received postpetition, pre-conversion-to-Ch7 retainer was required to turn over retainer to T);
(bankruptcy court is not required to dismiss a case when D fails to comply with §109(h) or §521(a));
(Trustee’s motion for summary judgment granted pursuant to O.C.G.A. §44-14-33. A security deed that incorporates the terms of another document by reference does not also incorporate attestations to that document)
(disallowing debtor's exemption in property recovered by the Chapter 7 trustee)
(Partial grant of the Plaintiff's Motion for Summary Judgment under section 523(a)(2)(A) where one of the three transactions between the parties amounted to actual fraud and was deemed nondischargeable. The Defendant's purported assignment of her interest in property in exchange for a loan amounted to a false statement with the intent to deceive and on which the Plaintiff justifiably relied. The Plaintiff failed to establish a prima facie case regarding the remaining transactions under section 523(a)(2)(A) or (a)(6))
Honorable Paul W. Bonapfel
Order denying the Debtor’s motion to dismiss her chapter 13 case pursuant to 1307(c). Because the debtor previously converted from chapter 7, she was not permitted to voluntarily dismiss her case. The court denied the debtor's motion under 1307(c) for cause because the court must consider what is in the best interests of creditors and the estate, not the debtor.
Judge Joyce Bihary (Retired)
(11 U.S.C. §§ 362, 549; Chapter 7 Trustee filed motion to intervene and be substituted for debtor in a motion to set aside post-petition transfer of title for violation of automatic stay debtor had previously filed against Town of Liberty, Mississippi and tax sale purchaser. Chapter 7 Trustee’s motion is granted as he is the only party with standing to prosecute a claim belonging to the bankruptcy estate, and debtor did not allege that he suffered any individual injury or that the property at issue was exempt)
Judge James E. Massey (Retired)
Debtor’s motion to reopen case to pursue alleged stay violation denied where there was no stay in the case under section 362(c)(4). A dismissal of a case under section 707(a), as opposed to section 707(b), counts in the determination of the number of pending cases a debtor has within one year of the filing of the latest case.
NOT INTENDED FOR PUBLICATION