(Sanctions against attorney)
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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.
(dismissal of Chapter 11 case filed in bad faith)
(sua sponte dismissal of pro se complaint that fails to state a claim)
(denying debtor's motion to impose stay to prevent eviction that was excluded from the automatic stay by virtue of section 362(b)(22)
NOT INTENDED FOR PUBLICATION
Judge Joyce Bihary (Retired)
(United States Trustee’s motions to dismiss with prejudice Debtor’s two pro se Chapter 11 cases granted. United States Trustee has standing to file motions to dismiss. Case discusses distinction between U.S. Trustee and case trustees. Washington Mutual Bank F.A.’s motion to validate foreclosure sale at time debtor’s third case was filed denied. Third party purchaser of Debtor’s property objected to creditor’s motion to annul automatic stay and validate foreclosure sale. 11 U.S.C. §§ 105(a), 307, 341, 343, 349, 702, 1104, 112(b))
(debtor filed pro se emergency motion to reconsider Order of dismissal pursuant to § 109(g), to shorten time, and to permit case refiling due to previous extreme hardships and current positive change of circumstances. Previous Order of dismissal appropriate and debtor’s failure to make Chapter 13 plan payments and post-petition mortgage arrearage payments within additional time given warrants denial of debtor’s emergency motion)
Debtor’s pro se motion “to retain home,” which was treated as a motion for reconsideration of two Orders, one dismissing his Chapter 13 case and the other validating a foreclosure sale of his residence, was denied as Debtor had filed previous cases and had opportunities to propose a feasible Chapter 13 plan
Judge James E. Massey (Retired)
Court granted motion for summary judgment on complaint seeking to determine debt to be non-dischargeable based on state court judgment.
NOT INTENDED FOR PUBLICATION