(Debtors' objection to proof of claim by U.S. Bank sustained as creditor has not demonstrated its right to receive payment under any confirmed plan in this case. Exhibits do not establish transfer or assignment of note or security deed from original lender.);
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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)
(Motion for relief from stay granted on rental property. Creditor has a colorable claim and has attached an assignment of rights under the security deed.)
(Finding obligations nondischargeable pursuant to section 523(a)(2)(C).).
(Granting debtor's motion to reopen case for purpose of filing a complaint to determine dischargeability of a student loan debt; denying debtor's motion for an immediate injunction against student loan creditor's collection activities for lack of proper service.).
(The stricter pleading standards of Iqbaland Twombley apply to affirmative defenses)
(Debtor's waiver of discharge in prior case was not defective or invalid)
Order Granting in Part and Denying in Part Defendant’s Motion for Summary Judgment relating to claims pursuant to 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), and (a)(4). The Court concluded that no genuine issue of material fact remained under Section 523(a)(2)(A) as to Defendant’s representation concerning the establishment of a sports bar; under Section 523(a)(2)(B) concerning an oral contract; under Section 523(a)(4) concerning fraud or defalcation while acting in a fiduciary capacity; and under Section 523(a)(4) for embezzlement of corporate funds. The Court concluded, however, genuine issues of material fact remained under Section 523(a)(2)(A) regarding the Defendant’s alleged misrepresentations of intent to repay, Plaintiff’s stake as a fifty percent (50%) shareholder in the corporation, and the use of Plaintiff’s investment in the operation of the business, and under Section 523(a)(4) for embezzlement of Plaintiff’s investment.
Honorable Mary Grace Diehl (Recall)
Order approving the Chapter 7 Trustee motion to compromise and settle claims with State Bank of Texas. A third party made an equal offer of settlement and agreed to fund the ongoing litigation. The Court held an evidentiary hearing and approved the proposed settlement, evaluating the counter proposal and proposed settlement under the Wallis v. Justice Oaks II, Ltd. (In re Justice Oaks II, Ltd.), 898 F.2d 1544 (11th Cir. 1990). Specifically, found that the evidence showed a low probability of success on the merits and significant complexity, especially given the counter proposal’s offer of joint control of the litigation.
Honorable Paul W. Bonapfel
Court denies motion for protective order with regard to request for second deposition under Rule 30(b)(6) where second deposition involves subject matter outside the knowledge of first Rule 30(b)(6) deponent and party opposing discovery declined to identify employee with such knowledge; party opposing discovery required to show cause why court should not award expenses, including attorney’s fees, to party opposing motion for protective order.
Order granting motion to dismiss 523(a)(2), (3), (4), (6) complaint pursuant to Rule 12(b)(6) for failure to state claim upon which relief may be granted.