(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)
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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.
(denial of creditors' claims to interpleader funds, finding creditors bound by their proofs of claim that were filed or deemed filed as unsecured)
(On Debtor's objection to creditor's assignee's efforts to claim insurance proceeds totaling more than the value of the collateral at the time of confirmation, Debtor's objection is sustained pursuant to supporting case law)
(Order granting Debtor's motion to avoid lien not vacated to allow creditor to file late response; creditor showed neither excusable neglect nor meritorious defense)
(creditor's discovery responses must be meaningful; the production of naked, unintelligible or coded records does not comply with the spirit of discovery)
(denial of Debtor's motion to convert from Ch 7 to Ch 11)
Judge James E. Massey (Retired)
(Defendant’s motion to dismiss complaint for conduct which allegedly violates the automatic stay of 11 U.S.C. § 362(a) is granted. Defendant’s picketing does not violate any of the provisions of the automatic stay, and thus plaintiff’s complaint fails to state a claim against defendant)
Judge Joyce Bihary (Retired)
(Crossclaim defendant’s motion to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) is granted, and defendant’s motion to amend its crossclaim is denied. Defendant’s original crossclaim does not allege facts sufficient to create plausible grounds to infer a cause of action under Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007). Nor does the crossclaim as amended allege facts that would lead to liability on the crossclaim defendant’s part)
(Debtor's motion to avoid IRS's lien denied as the tax lien is neither a judicial lien or a nonpossessory, nonpurchase money security interest and exempt property remains subject to properly filed tax liens)
Honorable Paul W. Bonapfel
A claims locator, acting as attorney-in-fact for a creditor with a claim in a chapter 13 case secured by a motor vehicle, sought to recover unclaimed funds on behalf of the creditor. The application was signed by a person as “general counsel” for the claims locator who is not admitted to practice in the Court. The Court denied the application without prejudice because (1) a person not admitted to practice before the Court cannot sign a pleading on behalf of an entity and (2) the application did not establish that the claim had not been satisfied through foreclosure or payment following conclusion of the case. The Court noted that it is not necessary for an attorney to be admitted to the Court’s bar for purposes of filing a proof of claim and that it had permitted a corporate or other entity to retrieve unclaimed funds without the necessity of engaging counsel, but that an attorney could not file a pleading on behalf of another entity without being admitted unless the attorney did so in the capacity of an officer.