(Order Denying Motion for Default Judgment, dischargeability under section 523(a)(2)(A); 523(a)(2)(C); false representation; actual fraud; credit card; dinial of motion for default judgment)
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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.
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Honorable Paul W. Bonapfel
(Order Granting Plaintiff's Motion for Summary Judgment, dischargeability under section 523(a)(2)(A); elements of actual fraud; credit card; admissions under Rule 36; request for attorney's fees and compliance with OCGA13-1-11(a)(3))
(motion for reconsideration of order disallowing administrative expense claim for professional compensation)
NOT INTENDED FOR PUBLICATION
(request for fees for substatial contribution under sections 503(b)(3)(D))
Judge Robert E. Brizendine (Retired)
(11 USC 506(a)&(d), avoidance of lien (strip off) on wholly unsecured debt in Chapter 7 case)
NOT INTENDED FOR PUBLICATION
Judge James E. Massey (Retired)
Motion to allow late claim to which no objection had been made denied as unnecessary because claim is deemed allowed notwithstanding it was filed after the bar date and the Court lacks power to declare that it was in fact timely filed.
NOT INTENDED FOR PUBLICATION
Motion to dismiss case with prejudice because Debtor missed mortgage payments is not a substitute for a motion for stay relief where Debtor was otherwise funding plan, notwithstanding that Debtor consented to supplemental confirmation order stating that Court may dismiss with prejudice if Debtor fails to cure post-petition default.
NOT INTENDED FOR PUBLICATION
Unsuccessful bidder for assets of debtor moved for payment of administrative expense labeled an “Unsettlement Fee.” Service of motion defective because movant served attorney for creditor who had not filed notice of appearance. Motion to allow administrative expense under sections 507(a)(1) and 503(b) must be served on creditor pursuant to Bankruptcy Rule 2002(a)(6) and (g).
NOT INTENDED FOR PUBLICATION
An objection to a Chapter 13 Trustee’s Notice of Intent to Pay Late Filed Claim is not a substitute for objecting to the late claim.
NOT INTENDED FOR PUBLICATION
Debtor filed two Chapter 13 cases on the same day using two different attorneys, voluntarily dismissed the first case and moved for a refund of the filing fee as a “duplicate case.” Motion denied.
NOT INTENDED FOR PUBLICATION