Creditor moved to dismiss case in May 2003, and the Court orally granted the motion at a hearing held on June 3, 2003. The Order granting the motion was entered on June 9, 2003. Between those dates, the creditor ran its first advertisement. In July 2003, the creditor foreclosed. Debtor now contends that the foreclosure was void because running the ad prior to the entry of the order violated the automatic stay. Creditor moved to reopen the case to obtain an annulment of the stay. Held: Motion denied. Court lacks power under section 350 to reopen dismissed case to entertain motion as if case had never been 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.
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Judge James E. Massey (Retired)
In their Chapter 13 plan Debtors proposed to pay two nondischargeable educational debts in full but to pay only 1% of other nonpriority unsecured debts. The Chapter 13 Trustee objected to confirmation. Held: Confirmation denied. Plan unfairly discriminates against class of dischargeable unsecured claims in violation of section 1322(b)(1).
(Directs return of prepetition retainer paid to professional who was not employed by Debtor)
(collateral estoppel effect of state court contempt order regarding child support)
Judge Robert E. Brizendine (Retired)
(11 U.S.C. 523(a)(5), dischargeability of obligations arising from divorce decree)
(deferring objection to claims for punitive damages)
Honorable Paul W. Bonapfel
In Re: Broadfoot v. Belford (In re Nationwide Warehouse & Storage), AP 03-6550, Doc. #191 10/03/2005
(Order granting Trustee's request for turnover of documents, ruling defendant's invocation of the attorney-client privilege was inapplicable)
Honorable Mary Grace Diehl (Recall)
( Order granting in part and denying in part cross motions for summary judgment addressing the Trustee's action to recover preferential transfers and the applicability of the ordinary course of business defense)
(allowance of postpetition and postdischarge interest on oversecured claim)