Trustee’s motion to disallow Debtor’s amended exemption claim in reopened Chapter 7 case granted based on Debtor’s intentional concealment of employment claims in her schedules, statement of financial affairs, and at § 341 meeting of creditors. Trustee’s second motion to approve settlement and compromise of litigation employment claim granted.
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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.
Judge Joyce Bihary (Retired)
Court granted Chapter 7 Trustee’s motion to sell Debtor’s one-half interest in certain real estate free and clear of liens with liens to attach to proceeds, pursuant to § 363(b) and (f). The motion was granted over Debtor’s pro se objection, and Debtor’s sister, who owned other one-half interest in property and supported sale, was allowed payment of one-half the amounts she had advanced in property taxes to preserve property of the estate. § 503(b)(2)(B).
(Granting Debtor's motion to set aside foreclosure sale that occurred in the period between dismissal and entry of order vacating dismissal)
(law firm who represented Debtor in prepetition divorce lacks standing under §523(a)(5) and (15))
(exempt income is nevertheless disposable income under §1325)
Honorable Mary Grace Diehl (Recall)
Order Granting Defendant’s Motion for the Court to Consider Defendant’s Out of Time Response to the Plaintiff’s Motion for Summary Judgment. Though Plaintiff wishes to keep costs down and an unopposed motion for summary judgment may be in Plaintiff’s best interests, federal policy favors resolution of disputes on the merits as opposed to disposition on technicalities. The delay experienced by Plaintiff of a couple of days in an adversary proceeding that has been pending since May 2004, does not rise to the level of material prejudice sufficient for the Court to refuse to consider Defendant’s response to the motion for summary judgment.
Order denying Trustee’s motion to reopen bar date. While the bankruptcy court lacks the authority to extend the time or reopen the bar date, creditors recently added by amendment may seek recourse under section 726(a)(2)(C).
Honorable Paul W. Bonapfel
(as matter of first impression, court scheduled hearing on Creditor's request for dismissal under 521(i)(2) based upon the Debtor's failure to file Form B22. )
(Order denying Plaintiff's motion for summary judgment: state court judgment for conversion not entitled to collateral estoppel effect as to 523(a)(6) because under Georgia law a negligent or reckless act can give rise to conversion. No evidence of willfulness or intentionality to support entry of summary judgment on 523(a)(6) claim.)
Judge James E. Massey (Retired)
Credit card issuer’s motion for default judgment was denied where complaint alleged legal conclusion that plaintiff’s reliance on false representation was justified but alleged no facts that if true would show justifiable reliance.
NOT INTENDED FOR PUBLICATION