Order denying Defendant’s motion to amend pleadings. The Court found no good cause had been shown. Defendant was not diligent in his actions and his motion was a delay tactic. The acts at issue in this adversary proceeding had taken place from 2006 to 2009. No discovery or additional facts were needed or sought. The Court also stated that the amendment was futile and filed after motions for summary judgment.
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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.
Honorable Mary Grace Diehl (Recall)
Order denying an objection to a Rule 2004 examination. Debtor’s daughter filed this Chapter 7 bankruptcy case pursuant to a power of attorney. The Court previously ruled that the power of attorney as presented was sufficiently broad to include the filing of bankruptcy. The Chapter 7 Trustee’s motion to examine Debtor’s daughter was granted and Debtor’s daughter objected. Her objection was based on the basis that the power of attorney, originally relied upon to file the bankruptcy case, was invalid under Pennsylvania state law. The objection was denied based on judicial estoppel.
Order denying Debtor’s motion for sanctions, arising out of an alleged willful violation of the automatic stay. The Court found that the property at issue was not property of the estate and, therefore, not protected by the automatic stay. In particular, Debtor signed the security agreement related to the property at issue in his capacity as president of his corporation, not as an individual.
Order granting United State Trustee’s motion for summary judgment and denying Debtor’s discharge under § 727(a)(8) where Debtor received a discharge in a prior Chapter 7 case less than eight years before the present Chapter 7 case was filed.
Judge Joyce Bihary (Retired)
(Automatic stay terminates against property that is no longer property of the estate and terminates with respect to other acts when the case is closed or a discharge is granted. Disputes regarding assignment of deed do not involve bankruptcy law and stay is lifted to permit parties to litigate their disputes in state court.)
In re R & B Construction, Inc, BK 08-62023 (jointly administered with 08-62029) Doc. #873 08/17/2010
Order granting the debtor’s objection to claim. The creditor alleged that it held a materialmen’s lien on the debtor’s property. The court held that the creditor failed to properly perfect its claim by filing a notice of the commencement of an action to enforce the debt within 14 days of the commencement of an action as required by O.C.G.A. § 44-14-361.1(a)(3). Also, the debtor’s failure to file an adversary proceeding was excusable as “harmless error” under Fed. R. Bankr. P. 9005 and Fed. R. Civ. P. 61 because the creditor was given adequate notice, an opportunity to file briefs, and a hearing.
Order granting the plaintiff’s motion for summary judgment to the extent that it objected to the court’s jurisdiction. The plaintiff and the defendant sought a determination of their relative interests in legal fees awarded to the debtor. The court held that it did not have jurisdiction because the proceeding was not “related to” the bankruptcy case. The property was not property of estate and it was highly unlikely that resolution of the dispute would impact the estate.
(Sanctions imposed against debtors' attorney who failed to submit proposed order and failed to respond to communications from court and Chapter 13 Trustee);
Order granting the creditors’ motions for summary judgment. The debtor failed to deliver the condominium units in accordance with the construction agreements. The debtor alleged that the material and labor shortages caused by hurricanes in 2005 excused its performance. The court held that, under Florida law, material and labor shortages are not grounds to excuse performance.