(denial of motion, in an adversary proceeding asserting a legal malpractice claim, under §329 to disgorge attorneys fee paid in prior bankruptcy case)
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.
(granting defendant's motion to amend answer).
(Lease termination payment was preference); entered 10/9/07; notice of appeal filed by Defendant.)
Judge James E. Massey (Retired)
Debtor’s modification of confirmed Chapter 13 plan to surrender collateral was not approved because it is unnecessary to modify the plan to surrender collateral, and section 1329 governing modifications does not permit surrender. The only purpose of this ploy was to try to avoid having to pay the secured claim, which is the contract Debtor made in the plan.
NOT INTENDED FOR PUBLICATION
Proposed Modification of Confirmed Plan to delete a secured creditor provided for in the plan DENIED as unnecessary because the plan purported to deal only with allowed claims of creditors and this creditor never filed a proof of claim. Nothing in the plan showed that the claim was allowed.
NOT INTENDED FOR PUBLICATION
Plaintiff’s moved to strike defendant’s answer because its counsel had withdrawn and no new counsel had appeared. Motion denied. At the time defendant corporation’s answer was filed, it was represented by counsel. While a corporation may not represent itself in federal court, withdrawal of a corporation’s counsel does not void or abrogate pleadings previously filed by that counsel.
Judge Joyce Bihary (Retired)
(Debtor’s pro se motion to reopen her bankruptcy case, closed for more than 5 years, is denied. Debtor failed to identify any action she would take if the motion were granted and stated she wanted the case to be transferred to the Northern District of California. Although a bankruptcy discharge often results in a discharge of pre-petition obligations to the Social Security Administration, the ongoing dispute between Debtor and the Social Security Administration appears to involve issues unrelated to the discharge or the bankruptcy proceeding)
(Chapter 7 debtor’s motion to convert his case to a Chapter 13 case is denied as debtor’s noncontingent, liquidated, unsecured debts exceed the eligibility limit set forth in 11 U.S.C. § 109(e). Debtor’s objection to creditor’s proof of claim is overruled at this time. However, creditor is directed to file and serve debtor with a complete transactional history of the loan, following which debtor may file an objection)
Honorable Paul W. Bonapfel
(Order granting Defendant’s motion to dismiss pursuant to Rule 12(b)(3) based on improper venue. Based on BAPCPA’s changes to 28 USC § 1409(b), venue in Northern District of Georgia is improper because defendant’s non-consumer, non-insider debt is less than $10,000.)
Honorable Mary Grace Diehl (Recall)
Order Denying Debtor’s Motion to Impose Stay. Debtor failed to rebut the presumption that her case was not filed in good faith by clear and convincing evidence.