Agreement made as part of settlement of state court litigation including language that “the judgment including claims for fraud which may not be dischargeable in a bankruptcy proceeding” does not provide sufficiently detailed findings of fact that would entitle consent judgment to issue preclusive effect under Florida law. Summary judgment to plaintiff in § 523(a)(2) dischargeability action is denied.
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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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Honorable Paul W. Bonapfel
Claim for non-priority taxes subject to a lien is allowed as secured to the extent of the value of the debtors’ property. The tax lien is a statutory lien that is not avoidable under § 522(f)(1). Under O.C.G.A. § 48-2-56(a), a tax lien covers all property in which the taxpayer has an interest. A debtor cannot exempt assets that are subject to a tax lien, notice of which is properly filed, under § 522(c)(2)(B). In the absence of a showing that the tax lien was not properly filed, the claim is allowable as a secured claim.
Dischargeability: Copyright infringement does not constitute willful and malicious injury.
Automatic Stay: Amounts withheld postpetition from alimony payable to Debtor to reimburse former spouse for mortgage payments on the marital residence is not recoupment, violated the automatic stay, and must be repaid to D; withholding amounts from alimony to reimburse for fees payable to a guardian ad litem incurred in connection with a child custody proceeding does, however, constitute recoupment.
In Re: Aero Housewares, LLC v. Interstate Restoration Group, Inc., BK 05-60451, Doc. #474 09/28/2006
Claim: implied trust in insurance proceeds; Valuation: value of lease assignment in sale of assets.
(dischargeability of guardian ad litem's fees)
Denying motion to compel payment of administrative expense or, in the alternative, for stay pending appeal or for posting of supersedeas bond.
Judge James E. Massey (Retired)
Portion of Debtor’s emergency motion to reimpose stay seeking expedited hearing denied where motion was served by mail and failed to allege any facts to show the existence of an emergency.
Judge Robert E. Brizendine (Retired)
11 USC Sections 523(a)(2) and 523(a)(4), collateral estoppel.
Judge Joyce Bihary (Retired)
11 U.S.C. §§ 109(e); 101(41), (15). Chapter 13 Trustee filed motion to dismiss on grounds of ineligibility. Only an individual with regular income may be a debtor in a Chapter 13 case. Plain meaning of “foundation” as organization or institution is inconsistent with plain meaning of “individual” as single human being or natural person. Other sections of Bankruptcy Code and of creation of Chapter 13 relief support interpretation that foundation is ineligible to be Chapter 13 debtor. Trustee’s motion granted and case dismissed.