(11 U.S.C. Section 523(a)(5) & (a)(15))
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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 Robert E. Brizendine (Retired)
(Substitution denied because movant lacks standing)
(granting debtor's motion for sanctions for violation of automatic stay)
(523(a)(8), student loan discharged as undue hardship)
Judge James E. Massey (Retired)
Trustee moved for turnover of assets located outside of United States and an accounting of those assets. Debtors opposed motion on the ground that property of the estate did not include such assets. Motion Granted. Congress intended the words “wherever located” in section 541 to include assets located outside the U.S. in which a debtor has an interest.
NOT INTENDED FOR PUBLICATION
Plaintiff served Defendant by U.S. Mail at his address in Ontario, Canada. Defendant did not respond, and Plaintiff moved for entry of a default judgment. Motion Denied. Bankruptcy Rule 7004(b) permits service by mail only within the U.S.
NOT INTENDED FOR PUBLICATION
Lender refinanced two loans secured by the Debtors’ residence with the understanding of Debtors that Lender’s security deed would be a first priority lien. Lender delayed in recording security deed until approximately one month after making loan. Debtors filed bankruptcy 89 days after security deed was recorded. Trustee sued to avoid recording of security deed as a preference. Lender’s motion for summary judgment granted and Plaintiff’s motion denied. Lender was equitably subrogated to the lien positions of the prior lenders when it paid off those loans; recording the security deed did not improve its perfected first priority position. Obtaining those liens with Debtors’ consent constituted the transfer, which was made outside the 90-day preference period
NOT INTENDED FOR PUBLICATION
Unsecured Claims Administrator sought disallowance of proof of claim that included punitive damages on ground that punitive damages were not allowed in bankruptcy. Objection Denied. The inclusion of punitive damages is not a ground for disallowing a claim under section 502(b).
NOT INTENDED FOR PUBLICATION
Honorable Paul W. Bonapfel
(Order granting Defendant's motion to dismiss dischargeability complaint on grounds that it was not timely filed and the Plaintiff offered no defense, legal or equitable, to the motion to dismiss.)