Granting in part and denying in part application for compensation filed by real estate professional.
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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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Deferring ruling on motion for sanction under Rule 9011 until such time as the Court resolve the substance of the parties' dispute.
Denying motion to avoid lien on the basis that no liens existed; liens were created in violation of the automatic stay and were void.
NOT INTENDED FOR PUBLICATION
Automatic stay will not be modified to allow prosecution of claims pending in litigation in Canada.
Denying motion to annul automatic stay and finding imposition of sanctions appropriate for willful, post-petition violation of the stay.
Denying motion to quash subpoena filed on behalf of a corporation by other than a licensed attorney.
Denying motion to amend complaint.
NOT INTENDED FOR PUBLICATION
Denying motion for order confirming termination of stay under section 362(j); debtor is a corporation, and the automatic stay termination provisions of section 521(a)(6) and 362(h)(1) apply only to individual debtors.
NOT INTENDED FOR PUBLICATION
Honorable Mary Grace Diehl (Recall)
Defendant's motion to vacate default judgment denied. The plaintiff's service of the summons and complaint complied with requirements of Rule 7004 and constitutional requirements of due process. In addition, the defendant failed to set forth a basis for relief under Rule 60(b). The time for raising "excusable neglect" as a ground had expired and the defendant failed to meet the higher burden of "extraordinary circumstances" required by Rule 60(b)(6).
Judge James E. Massey (Retired)
Adversary dismissed pursuant to Fed. R. Civ. P. 4(m) , made applicable by Fed. R. Bankr. P. 7004, for failure to serve summons and complaint within 120 days of filing of adversary.