Landlord’s motion for payment of rent pursuant to section 365(d)(2) granted in part and denied in part. Court found that landlord failed to prove that obligation in lease to pay rent for the month during which debtor filed bankruptcy arose after the first day of the month.
NOT INTENDED FOR PUBLICATION
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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)
Creditor moved for order allowing a late filed claim in a Chapter 7 case on the ground that she had not received proper notice of the bar date. Held: Motion denied. Court lacks authority to extend bar date under applicable rules.
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
(Order granting Trustee's motion for default judgment and denying Debtor's discharge pursuant to sections 727(a)(2)(B), 727(a)(3), 727(a)(4)(A), 727(a)(4)(D), and 727(a)(5))
(Order denying debtor's motion for default judgment to set aside assignment of interest in wrongful death suit proceeds because the complaint does not allege sufficient facts to determine whether the creditor's interest in proceeds via an assignment is invalid because it does not comply with the requirements of Georgia law)
(construction and reconsideration of pro se pleadings)
Honorable Mary Grace Diehl (Recall)
Order sustains debtor's objection to deficiency claim due to car creditor's admitted failure to fully comply with applicable non-bankruptcy law when liquidating collateral after obtaining relief from the automatic stay;
Order granting Defendant’s motion for summary judgment and denying Plaintiff’s cross motion for summary judgment. Under Georgia law of equitable subrogation Debtor’s transfer of a security deed to Defendant was a contemporaneous exchange for new value and therefore excepted from avoidance as a preference.
Judge Robert E. Brizendine (Retired)
11 USC Sec. 523, F.R.B.P. 4007(c), denying extension of time to file complaint objecting to dischargeability
Judge Joyce Bihary (Retired)
(Individual filed bankruptcy case after new eligibility requirement of 11 U.S.C. §109(h) went into effect. To be a debtor now requires individual to obtain credit counseling briefing before filing case unless there are exigent circumstances and individual requested the counseling but was unable to obtain it during 5 day period from the request [§ 109(h)(3)] or individual is exempted from counseling due to mental incapacity, physical disability, or on active military duty in combat zone [§109(h)(4)]. This individual did not submit certification of exigent circumstances supporting waiver request or statement supporting exemption from counseling. A hearing will be held to allow presentation of factual basis for waiver request and to determine whether individual is eligible to be a debtor.)
Individual filed bankruptcy case after new eligibility requirement of 11 U.S.C. §109(h) went into effect. To be a debtor now requires individual to obtain credit counseling briefing before filing case unless there are exigent circumstances and individual requested the counseling but was unable to obtain it during 5 day period from the request [§ 109(h)(3)] or individual is exempted from counseling due to mental incapacity, physical disability, or on active military duty in combat zone [§109(h)(4)]. This individual’s certification of exigent circumstances is insufficient, but if she files supplement that appears to justify a waiver and obtains counseling within 30 days of filing the petition, Court will hold hearing to determine whether waiver request is satisfactory and she is eligible to be a debtor. Otherwise case must be dismissed