(denying debtor's motion to set aside dismissal of case on the basis that debtor is not eligible to be a debtor and the US Trustee opposes reconsideration of the dismissal of the case).
NOT INTENDED FOR PUBLICATION
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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.
Order on Debtor’s Objection to Claims addressing issues of the claimants’ standing to assert claims under divorce decree on behalf of deceased father, dying intestate, where no administrator was appointed.
(Monetary sanctions for attorneys' negligent improper payment of settlement proceeds)
(denying motion of debtor's counsel to withdraw as attorney of record due to his failure to comply with BLR 9010-5).
Order Denying Movant’s Objection to Proof of Claim filed by Bank of America as successor by merger to LaSalle Bank National Association as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-HEIO, its Successors and/or Assigns. Court held claimant made prima facie case because (i) note was endorsed in blank, (ii) claimant submitted affidavit of possession of original note, (iii) claim included properly executed assignment of security deed and all indebtedness secured thereby, (iv) Debtor scheduled servicer and had no competing demands for the payments, and (v) Debtor submitted no evidence to rebut prima facie claim.
(granting summary judgment on behalf of plaintiff and finding debt owed to Georgia Lottery Corporation nondischargeable pursuant to section 523(a)(4)).
Honorable Paul W. Bonapfel
Order dismissing complaint for failure to state a claim for relief. Challenges to Bank’s standing to seek relief from stay and validity of its lien did not state a claim for relief because the Bank had not sought stay relief in the case and the Bank had no lien since it was the owner of the property based on a foreclosure. Complaint, supported by a purported cease and desist order and “certified forensic loan audit,” is nonsensical.
Order denying plaintiffs’ motion for judgment on the pleadings. Order granting partial summary judgment entered in district court action not entitled to preclusive effect with respect to 523(a)(19)(A) because partial summary judgment order does not meet “finality” requirement for purposes of issue preclusion.
Honorable Mary Grace Diehl (Recall)
Order granting Plaintiff’s motion for summary judgment, declaring debt as non-dischargeable under § 523(a)(6). The Court found that the undisputed material facts show that Defendant filed frivolous lawsuits against Plaintiff pre-petition in state courts, knowingly caused Plaintiff to incur legal fees to defend against those suits, and was adjudged liable for those legal fees. The undisputed facts were, in part, based on Defendant’s failure to respond to request for admissions. Therefore, under FRCP 36(a)(3), the statements are admitted as true. Further, the Court held that Plaintiff’s nondischargeability suit was timely. Plaintiff had no knowledge of Debtor’s bankruptcy until four days before the bar date for § 523(a)(6) nondischargeability actions, as provided by Fed. R. Bankr. P. 4007(c). This debt falls under the protections in § 523(a)(3)(B) and was not discharged because Plaintiff was neither listed or scheduled.
Judge James E. Massey (Retired)
Reorganized debtor that is a defendant in an adversary proceeding in another bankruptcy court lacked standing to bring motion to quash subpoenas duces tecum to individuals in connection with that litigation because it did not show it had a personal right or privilege regarding the subject matter of the subpoenas.
NOT INTENDED FOR PUBLICATION