(default judgment granted in credit card case)
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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.
You can narrow your search by judge and/or year below. You can also use the search feature above to search by name, word, or phrase. The single opinions are in PDF text format and may be searched for word, phrase, or date by using “Control F,” the Windows search function available in any Windows application.
(denying default motion for relief for failure to comply with requirements of consent order providing for default relief)
(Chapter 7 Trustee's objection, on good faith grounds, to Debtor's motion to convert to Chapter 13 overruled)
Honorable Paul W. Bonapfel
(applying §550, real estate closing attorney was financial conduit, not agent for principal)
Judge Joyce Bihary (Retired)
(United States Trustee’s motion to dismiss with prejudice Debtor’s pro se Chapter 11 case pursuant to § 1112(b), (b)(4)(F), and (b)(4)(H), granted on the grounds that Debtor failed to satisfy timely filing requirement; failed to provide certain information and attend meeting with United States Trustee; and for filing case not in good faith. Debtor’s request for recusal is denied)
(Movant’s amended motion for relief from stay to complete dispossessory proceedings against Debtor acting pro se granted. Amended motion accurately recited history of foreclosure and dispossessory proceedings between parties, including affirmation by Georgia Court of Appeals of state trial court’s grant of writ of possession. Bankruptcy Court has no authority to review state court judgment, and Debtor has presented no factual or legal basis to deny relief from automatic stay.)
Judge James E. Massey (Retired)
Debtor owned stock in corporation that owned grocery business and promised Chapter 7 trustee that if the business were sold, he would notify the trustee. Two years later without telling trustee, debtor caused corporation to sell the business and hired an attorney to close the transaction. Among others, trustee sued attorney for breach of fiduciary duty to corporation and negligent failure to discover the bankruptcy. Attorney’s motion for summary judgment was granted. Trustee lacked standing to pursue claim of breach of duty to corporation, failed to allege facts showing the existence of such duty, and failed to show that attorney’s acts or omissions caused any damage to the estate.
NOT INTENDED FOR PUBLICATION
Debtors’ motion to reopen case to amend schedules to show previously unlisted cause of action was granted over objection of defendant in state action. An undisclosed cause of action belongs to bankruptcy estate until abandoned by the trustee; section 350 permits reopening a case to administer assets. Reopening the case does not answer the question whether debtors deliberately omitted the cause of action from their schedules.
NOT INTENDED FOR PUBLICATION
Honorable Mary Grace Diehl (Recall)
Order denying Plaintiff’s motion for summary judgment, sections 727(a)(2) and 727(a)(4).