(Trustee's summary judgment motion denied because Trustee failed to show Debtor did not receive reasonably equivalent value for transfers from Debtor to his parents)
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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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(Jurisdiction: ripeness and common law causes of action)
(stay modified to allow contingent creditor to pursue appeal of state court directed verdict in favor of Debtor)
(Because Debtor has no pecuniary interest in the estate and has no standing to interpose objections to claims of any creditor, no further such objections will be entertained and any further attempts to obstruct administration of this case may result in sanctions)
(Petition preparer sanctions and enjoined under §110)
(Partial summary judgment granted to Trustee on elements of preferential transfer, late perfection of mortgage refinancing; summary judgment denied on Defendant's presented insufficient undisputed facts to prevail on affirmative defenses)
(Debtor's attorney sanctioned with suspension and disgorgement of fee for inadequate representation)
Judge Joyce Bihary (Retired)
(A trust is not eligible to be a Chapter 13 debtor and case must be dismissed. 11 U.S.C. § 109(e).);
Honorable Mary Grace Diehl (Recall)
The Court denied Plaintiff’s motion for summary judgment, finding that the application of collateral estoppel was improper and that Plaintiff failed to establish § 523(a)(4) and (a)(6) claims. Plaintiff’s state court jury verdict could not be used for its preclusive effect because it was not a final judgment. Even if the jury verdict was used, Plaintiff’s motion for summary judgment failed because the jury verdict did not make specific factual findings as to Debtor individually.
Judge Robert E. Brizendine (Retired)
(Plaintiff U.S. Trustee sought summary judgment on complaint alleging violations of various provisions of 11 U.S.C. Section 110 regarding Defendant's efforts assisting Debtor as a bankruptcy petition preparer. Court granted motion and required return of monies and payment of fines, and enjoined Defendant from acting in such role in connection with other persons).