(non-residential real property lease, which is site of Debtor's operations, may have little or no value standing alone, but within context of sale of Debtor's business, the lease has value sufficient to secure claim of creditor who performed extensive prepetition repairs of damage caused by fire)
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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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(Claims arising from Debtors failure to account for funds in ERISA-qualified benefits fund are nondischargeable under §523(a)(4); failure to account is defalcation. Failure to insure financial solvency of a plan, however, is not defalcation)
(granting Chapter 13 trustee's motion for summary judgment avoiding bank's security interest as a preferential transfer)
motion to reimpose automatic stay unnecessary because §362(c)(3) does not apply to property of the estate
(On the U.S. Trustee's motion to dismiss Debtor's case for abuse, the motion was dismissed based on the totality of the circumstances. Agreeing with Judge Drake in Walker, the Court held that the Debtor properly accounted for payments due to secured creditors for property that he planned to surrender since those amount would have been contractually due had the Debtor not filed for bankruptcy protection)
(petition for unclaimed funds denied because claimant failed to establish its entitlement to funds)
(insufficient undisputed facts to establish obligation as nondischargeable under §523(a)(5))
(attorney employed by D following conversion from Ch 11 to Ch 7 is not entitled to payment of compensation from the estate and need not file an application to approve employment. The attorney must, however, file Bankruptcy Rule 2016 disclosure of compensation)
Judge Joyce Bihary (Retired)
In re: Townson, Chapter 13 Trustee v. Kakol (In re Patricia Willis), BK 06-61285 Doc. #75 08/29/2007
(Fed. R. Bankr. P. 2016(b), 11 U.S.C. § 329; General Order No. 6-2006, numbered ¶5 (Bankr. N.D.Ga. 2006); On Chapter 13 Trustee’s motion against debtor’s counsel to show cause why he failed to file a Statement disclosing compensation, why he failed to file a status report within three days of returning funds to debtor, why the funds were returned in cash, and whether debtor’s funds were placed in an escrow account as represented by counsel, Court determined that counsel must promptly file a disclosure statement or supplemental disclosure statement as required by the governing law and rules, that counsel must develop practices and policies for documenting and disclosing fee arrangements with clients and to track and meet statutory, rule, and Court deadlines, that counsel must attend continuing legal education classes, confer with the State Bar, and not file more than two new bankruptcy cases a month until February 1, 2009)
Honorable Paul W. Bonapfel
(Order denying debtor’s motion to disqualify judge denied. The debtor has shown no evidence of partiality or bias to warrant recusal under 28 USC § 455. Existence of pending lawsuit brought by debtor against judge based on the judge’s rulings in a prior case does not serve as basis for recusal.)