Order Granting in Part and Denying in Part Cross Motions for Summary Judgment holding (1) a foreclosure advertisement for the sale of realty inadequate to foreclose on and convey title to certain personal property described in the security deed; and (2) factual issues remain as to whether pin setters and bowling alley lanes are fixtures.
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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.
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(attorney suspended due lack of capacity/incompetence);
(In Chapter 13 case, gross (not net) monthly business income is used in determining Current Monthly Income and applicable committment period);
(D is entitled to turnover of personal property seized prepetition by sheriff under writ of fi. fa.; title transfers upon sale, not levy);
(Dischargeability: fraud in sale of business);
Order granting the defendant’s motion for summary judgment. Debtor initiated an adversary proceeding to determine the dischargeability of debt owed to the IRS. The defendant’s motion asserted the debtor willfully evaded payment of taxes by failing to withhold the required amount of taxes from draws made on her IRA account, dealing in cash, and supporting an expensive lifestyle. The court granted the motion for summary judgment because the defendant proved the conduct requirement and the mental state requirement of section 523(a)(1)(C) by a preponderance of the evidence and the plaintiff failed to credibly challenge the defendant’s assertions.
(Fraudulent conveyance: what constitutes good faith)
Order Denying Debtor’s Objection to Fulton County Tax Commissioner’s priority tax claim, because the Debtor was the owner of the real property for the tax years in question and, therefore, personally liable for the ad valorem taxes assessed against the property in those years, notwithstanding stay relief granted to the holder of security deed.
Honorable Mary Grace Diehl (Recall)
Order denying Defendants’ motion to dismiss because Plaintiff stated a claim under 11 U.S.C. § 523(a)(4) upon which relief can be granted and timely filed its complaint pursuant to Federal Rule of Bankruptcy Procedure 4007(c).
Order granting Plaintiff’s motion to add an indispensable party and to substitute a party where a dissolved corporation sought to substitute the sole shareholder, officer and director. Because the corporation was dissolved more than five years ago, O.C.G.A. § 14-2-1422, the corporation could not be reinstated to prosecute this action. Under Georgia law, where a close corporation has one shareholder, upon dissolution, the dissolved corporate assets immediately transfer to the sole shareholder. Finding that the judgment against Defendant was a transferable asset, the sole shareholder could be substituted as a party to prosecute this nondischargeability action.