(order granting motion for relief from the automatic stay to permit owner of property foreclosed prior to filing of bankruptcy petition to evict Chapter 11 debtor).
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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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(granting motion for reconsideration).
(Dismissal with bar to refiling for nine months + award of attorneys fees to creditor)
(Principles of equitable tolling are applicable to extensions of bar date for filing objections to discharge and complaints to determine dischargeability (Rules 4004 and 4007) )
This bankruptcy court order was reversed by order dated October 26, 2012 in the USDC, J. Batten, Civil Action File No. 1:12-cv-1560-TCB (this opinion may be accessed in Adv. Proc. No. 11-5104, Doc. No. 29).
(granting default judgment against debtor as to nondischargeability under section 523(a)(2)(A), as debtor induced plaintiff to loan money by misrepresenting that the debt would be secured by stock that he owned, when in fact he did not own the stock).
Honorable Mary Grace Diehl (Recall)
Order granting partial summary judgment to the Plaintiff-Trustee. Plaintiff filed complaint seeking to avoid a transfer of real property on the basis that it was a fraudulent transfer under 11 U.S.C. § 548 and corresponding state laws. Because issues of material fact existed as to the Defendant’s intent, the Court denied summary judgment as to the actual fraud claims. The Court granted summary judgment as to the constructive fraud claims.
Petitioning creditors motion requesting an intra-district transfer of this Chapter 11 case was denied as premature and without basis at the current time.
Judge Robert E. Brizendine (Retired)
(Charles Jordan Hawkins and Nathaniel Hawkins v. Steven Thomas),(Plaintiffs sought determination that state court damages award was nondischargeable under 11 U.S.C. Section 523(a)(4), based on findings of state court that in turn, established Debtor's defalcation while acting in a fiduciary capacity as a co-trustee. After trial and submission of additional briefs, Court held that damages award would be excepted from discharge on grounds as alleged. The Court concluded that as consistent with Eleventh Circuit's recent ruling in Bullock v. Bank-Champaign, N.A. (In re Bullock), _ F.3d _, (2012), proof of fraud is not necessary, and defalcation is shown by evidence of willful neglect of duty to oversee and protect trust funds, which rises above mere negligence. This Order is currently on appeal.)
Honorable Paul W. Bonapfel
Debtor who owns 40 percent of shares in Subchapter S corporation, in which his wife owns the other 60 percent of the shares, that owns and operates a farming operation is not a "farmer" within the definition of 11 USC section 101(20) and, therefore, 11 USC section 1112(c) does not prohibit conversion of case to Chapter 7. Because debtor is not a farmer, cause for dismissal of case under 11 USC section707(b) does not exist.
Order for law firm to show cause why attorney fees in three chapter 13 cases should not be reduced due to filing of six motions containing multiple errors.