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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.

Judge Robert E. Brizendine (Retired)

(motion for summary judgment, 11 USC Section 523(a)(6), collateral estoppel)

Denial of motion for stay pending appeal because no showing of likelihood of success.

Denying debtor's motion for stay pending appeal.

(granting in part Chapter 7 trustee's objection to exemption of
life insurance proceeds pursuant to OCGA 44-13-100(a)(11)(C)).

(granting in part motion for partial summary judgment as to dischargeability of debt for conversion of collateral under section 523(a)(6)).

Abandonment of D's personal property.

Annulment of stay to validate postpetition consent order in which D participated but without informing the other parties participating that he had filed a bankruptcy petition the day before.

Granting motion for relief to permit bank to exercise state law rights with regard to property foreclosed prior to petition date.

Honorable Mary Grace Diehl (Recall)

Order Denying the Chapter 13 Trustee’s Objection to Confirmation and allowing Debtor to make direct payments to her student loan creditors.

Judge Joyce Bihary (Retired)

(Motion to reconsider denial of motion by post-petition creditor for Chapter 13 Trustee to disburse debtor’s exempt funds to creditor is denied in part and granted in part.  Movant and debtor have a post-petition dispute being litigated in the state court, and the dispute does not involve property of or the administration of this bankruptcy estate. To the extent the Chapter 13 Trustee has already disbursed the exempt funds to debtor, Movant’s motion is moot.  Motion is granted solely in order to reflect that movant alleges that debtor signed the document assigning exempt funds voluntarily and that movant disputes debtor’s contentions that she assigned exempt funds only under duress);

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