Order Denying Debtor’s Application for Waiver of the Filing Fee. The Judicial Conference Procedures Regarding Fee Waivers in Chapter 7 cases do not define whether the income which is to be compared to the poverty level is before tax income or after tax income. Given the purpose of the fee waiver, after-tax income seems the most appropriate standard since only after-tax income is available to the Debtor to pay the filing fee. According to the figures calculated using Debtor’s Pay Advices, Debtor’s annual after-tax income is almost $3000.00 higher than 150% of the official poverty line for a family of 2, thereby making Debtor ineligible for a waiver of the filing fee.
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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 Mary Grace Diehl (Recall)
Order Denying Debtor’s Motion for a Preliminary Injunction and Reimposition of the Stay.
(1) Debtor is not entitled to relief simply because he did not personally receive notice of the progress and changes in his case. Under BLR 9007-3(b), each party has the burden of filing a change of address with the Court and a party shall not be entitled to notice at the new address in the absence of complete compliance with the Rule. (2) The automatic stay terminated when Debtor waived his discharge and conceded that he was prepared to defend himself in any state court action against his creditors’ claims. Debtor cannot at the same time agree to waive his discharge to allow creditors to pursue collection of their claims and expect to reap the benefits of the protection of the automatic stay.
Order Sustaining Trustee’s Objection to Debtor’s Exemptions and Granting Trustee’s Motion for Turnover by Debtor of Property of the Estate. (1) To allow Debtor to amend her claim of exemption after the Trustee has filed an objection and after the property, which she now claims is not exempt, has been destroyed would clearly be inequitable and would hinder the diligent administration of the bankruptcy estate by the Trustee. (2) When the debtor no longer has possession of the property or its value, the appropriate remedy available to the trustee is a money judgment, which can be obtained only through an adversary proceeding.
Honorable Paul W. Bonapfel
(Order denying Plaintiff’s motion for summary judgment because there was a dispute of fact as to whether trustee materially breached real estate sale agreement by failing to provide notice of bankruptcy approval and, if there was a breach, whether the defendant waived breach by requesting an extension of closing).
In trustee’s action under former O.C.G.A. § 18-2-22 to set aside two fraudulent conveyances, the court determined after trial that the conveyances were made without consideration, but not with actual intent to defraud. However, with regard to the first conveyance to the debtor’s wife, the entry of a default judgment against the debtor on a disputed claim after the conveyance does not preclude the debtor’s wife from challenging the claim and the default judgment does not establish the debtor’s liability on the claim for purposes of the fraudulent conveyance action against her. Absent proof beyond the default judgment of the debtor’s liability on the claim, the trustee has not established that the debtor was insolvent at the time of the conveyance. The court reopened the evidence to permit the parties to introduce additional evidence on the question of the debtor’s insolvency at the time of the conveyance.
Judge Joyce Bihary (Retired)
11 U.S.C. § 521(a)(3), (4); Fed. R. Bankr. P. 4002. Trustee filed motion to hold Debtors in contempt for failure to fully comply with specific discovery provisions in Court’s August 17, 2006 Order and, if Debtors could not locate required documents or information both Debtors were to execute and file affidavit with explanation. Upon Trustee’s evidentiary showing of Debtors’ failure to comply by clear and convincing evidence, Debtors should be prepared to show cause why they should not be held in civil contempt. Court has power to find Debtors in civil contempt and order sanctions, including incarceration and payment of fines and fees.
Granting summary judgment and denying debtor's discharge pursuant to section 727(a)(8).
Granting summary judgment and denying debtor's discharge pursuant to section 727(a)(8).
Granting summary judgment and denying debtor's discharge pursuant to section 727(a)(8).
Judge James E. Massey (Retired)
Failure to account for proceeds of sales of lottery tickers is a defalcation while acting in a fiduciary capacity and debt related thereto is not dischargeable under 11 U.S.C. § 523(a)(4).
NOT INTENDED FOR PUBLICATION