(11 U.S.C. § 707(b)). Debtors’ pro se motion to dismiss three jointly administered cases denied. Chapter 7 Trustee, formerly the Chapter 11 Trustee, the United States Trustee, and numerous creditors opposed Debtors’ motion to dismiss. Testimony at the hearing raised questions regarding certain transactions, and Debtors failed to provide cause for dismissal.
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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.
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denying claim for administrative expense where insider of debtor had paid loan fees on behalf of the debtor without the debtor's authorization and without court approval, and the debtor never obtained the loan
compelling child support recovery office to reinstate debtor's drivers license, notwithstanding the fact that such action was not automatically stayed by the filing of the bankruptcy petition; debtor's Chapter confirmed Chapter 13 plan provided for full payment of both pre and post petition child support obligations and payments on both were current
dismissing defendant/debtor's counterclaims for lacking of standing, as claims arose pre-petition and were part of the debtors' bankruptcy estate
NOT INTENDED FOR PUBLICATION
denying plaintiff's motion for summary judgment on section 523(a)(2)(B) claim
Judge James E. Massey (Retired)
One joint debtor lost her job early in case, thereby reducing debtors’ actual income well below their prepetition “current monthly income.” Chapter 13 trustee objected to confirmation, asserting that debtors’ plan failed to propose to pay their projected disposable income (based on prepetition CMI) to unsecured creditors. Court denied objection. Section 1325(b) permits a bankruptcy court to adjust CMI to approximate the income a debtor will receive during the plan term in order to better insure that a debtor pays what the debtor is able to pay but is not required to pay what is impossible to pay.
NOT INTENDED FOR PUBLICATION
Pro se debtor’s fourth case in five years was dismissed with prejudice under section 109(g) where debtor raised issue adjudicated in third case and failed to attend meeting of creditors.
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(order amending confirmation order re denial of discharge based on previous filing and receipt of discharge) (11 U.S.C. Section 1328(f)(2))
Honorable Mary Grace Diehl (Recall)
Order awarding Plaintiff actual damages, damages for emotional distress, and attorneys fees pursuant to section 362(h) where Defendants’ willfully violated the automatic stay.