(While appeal pending, bankruptcy court may enter order extending time to maintain "status quo")
You are here
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.
(Extension of time to file discharge or dischargeability complaint denied)
(granting motion to dismiss complaint for sanctions lack of standing and recommending dismissal of non-core claims for lack of standing and lack of subject matter jurisdiction).
bankruptcy proceeding , entered (denying motion to declare reaffirmed debt discharged for failure to state a claim and denying motion to declare reaffirmed debt discharged for lack of proper service).
(Sanctions and injunction against petition preparer)
Order Denying Defendant’s Motion for Summary Judgment on Plaintiff’s Complaint objecting to the Debtor’s discharge pursuant to 11 U.S.C. § 727(a)(4). Plaintiff contended Debtor failed to list in the Schedules alleged claims against the Plaintiff for injuries to his minor child and alleged claims against Debtor’s wife for a share of her recovery for injuries to the minor child. The Court concluded that factual issues remained concerning the possible existence of the claims and the intent of the Debtor.
(order allowing plaintiff to file an amended complaint to allege facts to support cause of action under section 727; absent such an amendment, the Court would dismiss the complaint, as all claims, if any, held by the plaintiff were already nondischargeable).
(failure to state a claim–application of Iqbal/Twombly standard)
Order Granting Trustee’s First Motion for Partial Summary Judgment on a Complaint that sought, among other theories of recovery, to disallow claims filed by the Defendants. The Court concluded that the claims filed by the Defendants based on subrogation or payment on guaranties are disallowed. Each guaranty contained a waiver of all claims in Debtor’s bankruptcy case for any amount arising out of or related to the guaranties. The Court concluded that such waiver was enforceable under Georgia law and the Trustee was a third-party beneficiary of the guaranty entitled to assert the waiver on Debtor’s behalf.
Honorable Mary Grace Diehl (Recall)
Reconsidering its earlier Order, and pursuant to Bankruptcy Rule 9024 and Rule 60(b)(1), Debtor’s objection to claim was sustained finding excusable neglect.