Order denying Defendants’ motion for stay pending appeal since the prior order denying Defendants’ motion for summary judgment and granting Plaintiff’s cross motion for summary judgment was not a final order and the appeal will likely be dismissed.
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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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Honorable Mary Grace Diehl (Recall)
(Order denying Defendants' motion for summary judgment and granting Plaintiff's cross-motion for summary judgment. Defendants found to be in willful violation of the automatic stay by merely staying and not releasing bank garnishment which had been instituted pre-petition against Debtor. Defendants, although notified of the bankruptcy case, elected to take no action such as seeking relief from the stay or for adequate protection within a reasonable time period)
(Order granting Plaintiffs' motion for summary judgment. State court judgment on "all claims" satisfies Plaintiffs' dischargeability action due to collateral estoppel)
(granting motion for summary judgment as to section 523(a)(2) claim)
(sustaining in part and denying in part debtor's objection to secured claim; allowing default interest on secured debt where Chapter 11 estate is solvent, but disallowing late fees in addition to default interest)
(denying defendants' motion to dismiss complaint for failure to state a claim)
Judge James E. Massey (Retired)
A trustee is not authorized based on a private communication to pay an unfiled unsecured claim to a creditor that holds an allowed fully secured claim. Creditor sought payment of funds paid into registry but failed to show that it had any interest in those funds.
NOT INTENDED FOR PUBLICATION
Holder of administrative expense claim moved for order allowing her to file a late claim on the ground she had not received the notice of the deadline. Reorganized debtors contended that there was a presumption of delivery of the notice based on affidavit of employee of servicing agent concerning mailing. Held: Affidavit was insufficient to created a presumption of delivery. Movant proved that she did not receive notice and that even if she had, her failure to file timely was due to excusable neglect.
NOT INTENDED FOR PUBLICATION
Judge Robert E. Brizendine (Retired)
(denial of motion to dismiss and conversion of case to case under chapter 7; 11 U.S.C. Section 1307(b) & (c))