(11 U.S.C. 1325(b)(1)(B), BAPCPA. Chapter 13 Trustee's Objection to Confirmation was denied and Debtors' Chapter 13 plan was confirmed. Debtors will pay unsecured creditors according to the projected disposable income on Schedule J and not the disposable income on the Current Monthly Income Form)
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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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denying motion to compel discovery
denying motion to dismiss case pursuant to section 109(g)(1)
Honorable Paul W. Bonapfel
(Order granting Trustee’s motion for default judgment, denying debtor’s discharge pursuant to 727(a)(2) and 727(a)(5))
(Order granting Defendant’s motion for attorney’s fees and costs under 523(d) and Bankruptcy Rule 9011(b)(3))
(Order granting Debtor/Plaintiff’s motion for default judgment, finding no valid lien or valid assignment of litigation proceeds exists and that defendant holds unsecured claim)
Judge James E. Massey (Retired)
Debtor’s application for payment of funds in Court’s registry unclaimed by a creditor was denied where debtor failed to show that the debt had been paid or otherwise satisfied. The mere fact that the funds have not been claimed is irrelevant.
NOT INTENDED FOR PUBLICATION
The automatic stay does not stay a defendant’s motion to dismiss an action brought by a debtor. The question of whether the postpetition dismissal of a prepetition action brought by a debtor binds the trustee is noted but not decided.
NOT INTENDED FOR PUBLICATION
Judge Joyce Bihary (Retired)
Court denied Debtor’s motion to reopen her Chapter 7 case to add a previously unlisted claim against a former husband. Chapter 7 Trustee opposed reopening the case as administration of the claim would be unduly burdensome and of no benefit to the estate
11 U.S.C. §§ 1325(a)(4); 1326(a), (a)(2); Fed. R. Bankr. P. 3015(b)). Chapter 13 Trustee’s objection to confirmation sustained and his motion to reconvert case to Chapter 7 case granted. Debtor’s case been pending over one year without any payment to unsecured creditors; Debtor has failed to propose a confirmable Chapter 13 plan; he has failed to keep payments to the Chapter 13 Trustee current and failed to keep his mortgage payments current. Creditors will receive more value through a Chapter 7 Trustee’s liquidation of assets than under a Chapter 13 plan. Debtor’s counsel’s argument that Chapter 13 plan should not have to be proposed or funded until after claims bar date is without merit