(on Debtor’s motion for stay pending appeal, Court denied Debtor’s motion but modified previous Order prohibiting Debtor from filing any bankruptcy case for 180 days to allow him to file a Chapter 7 case and allowed Homecomings Financial to foreclose but not record its deed without written consent of Chapter 7 Trustee or Court approval if Debtor filed a Chapter 7 before the foreclosure date)
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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 Joyce Bihary (Retired)
(dischargeability Defendants' motion to dismiss or abstain because of pending state court proceeding denied)
(denying motion for summary judgment as to creditor's section 523(a)(2)(A) and 727(a)(3) claims)
NOT INTENDED FOR PUBLICATION
(Debtor's presentation of a bad check was a false representation; Plaintiff entitled to dischargeability judgment under §523(a)(2)(A))
(denying plaintiff's motion to enforce settlement agreement where settlement required debtor to enter a reaffirmation agreement)
NOT INTENDED FOR PUBLICATION
(denying motion to reconsider order denying motion for summary judgment)
NOT INTENDED FOR PUBLICATION
(Order denying default judgment due to Plaintiff's failure to provide sufficient factual allegations to substantiate section 523(a)(2)(A) and 523(a)(2)(C) claims)
(deadline for motion to revoke discharge under § 727(d)(1); filing, Fed. R. Bankr. P. 5001(a); proceeding to revoke a discharge should be adversary proceeding, 7001(4); court may construe pleading as complaint.)
(Motion for default judgment by creditor whose claim arises from a malpractice judgment against Debtor, who was Plaintiff's former attorney. Attorney malpractice does not constitute defalcation within the meaning of §523(a)(4)
Judge Robert E. Brizendine (Retired)
(11 USC 523(a)(2)(A), nondischargeability)