Defendant’s motion to dismiss preference complaint because it was not served within two years of petition date was denied. The date the complaint was filed is the relevant date.
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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 James E. Massey (Retired)
Honorable Mary Grace Diehl (Recall)
Order denying Trustee’s motion to reopen bar date. The bankruptcy court lacks the authority to extend the time or reopen the bar date except under the conditions stated in Fed. R. Bankr. P. 9006(b) and 3002(c).
Upon conversion of a bankruptcy case from Chapter 13 to Chapter 7, property of the Chapter 7 estate includes property of the estate as of the filing of the Chapter 13 petition, only to the extent that such property remains in the debtor’s possession, custody or control on the date of conversion
Judge Joyce Bihary (Retired)
Court denied discharge under § 727(a)(8) which prevents a debtor from receiving a discharge if the debtor has previously received a discharge in a case filed within the last 6 years.
Judge Robert E. Brizendine (Retired)
(motion to re-impose stay, 11 USC Sections 362(c)(3), 105(a))
(denying debtor's motion to extend time to comply with order permitting debtors to redeem property at a specified value; holding that debtor's failure to redeem vehicle within time specified by section 521(B) did not extinguish their right to redeem)
(Trustee's objection to late-filed claim sustained); entered 2/8/06; notice of appeal filed 2/17/06; motion to approve settlement pending.)
(denying debtor's objection to unsecured claim of real estate agent)
(denying defendant's motion for summary judgment and plaintiff's cross-motion for summary judgment on dischargeability claim; denying motion for discovery sanctions)
(granting motion to open default, denying motion for additional pre-trial conference, and setting trial date)