(motion to reopen denied because post-discharge judgment did not violate discharge injunction; claim for abusive litigation expenses does not arise until the conclusion of the underlying litigation)
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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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(rejecting trustee's argument that debtor was not entitled to exempt single damage award as both damages for personal bodily injury and payment attributable to future lost earnings)
(Debtor's former spouse, who attended closing and executed closing documents conforming to the terms of the Ch7 Trustee's motion to sell, effectively waived her previously filed objections to the disbursement of the proceeds of the sale)
(petition for unclaimed funds denied because claimant failed to establish its entitlement to funds)
(Imposition of sanctions against Debtor's attorney will be deferred to allow him opportunity to voluntarily improve his practice)
(denying cross motions for summary judgment in Chapter 11 debtor's suit for turnover of estate property and breach of contract)
Judge James E. Massey (Retired)
Attorney’s application to employ himself as counsel for debtor in possession is denied. Counsel misstated there was a debtor in possession as the case converted to Chapter 7 case more than two years ago, and counsel presented no exceptional circumstances or reason for the late filing.
28 U.S.C. §§ 1334(b), 157(a), (b) and (c); 11 U.S.C. § 362; 15 U.S.C. § 1125(a); O.C.G.A. §§ 10-1-370 et. seq., 10-1-451, and 23-2-55; Court has jurisdiction over this non-core proceeding to enter interlocutory Order on preliminary injunction. Chapter 11 plaintiff’s motion for preliminary injunction to enjoin the use of its trade name and related service mark against defendant Jape is granted. Plaintiff established a prima facie trademark infringement case by showing: (1) likelihood of success on the merits by proving it has a right to use the trade name and service mark and, unless the injunction is granted, there is a high risk of consumer confusion; (2) likelihood of irreparable harm as in a trademark infringement case injury is presumed; (3) potential injury to plaintiff of the diminishment of the goodwill of its business by allowing defendant Jape to use a similar trade name and service mark weighs in favor of granting the injunction; and, (4) public interest will be served by avoiding confusion in the marketplace and granting the injunction.
Debtors motions to avoid the IRS’s tax liens are denied. Such liens are neither judicial liens or nonpossessory, nonpurchase money security interests, which are avoidable pursuant to 11 U.S.C. § 522(f), and cannot be avoided even if they impair an exemption.
Judge Robert E. Brizendine (Retired)
Order denying summary judgment and granting motion to dismiss complaint (applicability of dischargeability exceptions under 11 U.S.C. Section 523(a) in 11 U.S.C. Section 1328(a) (pre-BAPCPA case));