Court orders creditor to return vehicle repossessed postpetition in violation of stay and imposes escalating sanctions for each day that creditor does not comply with order, in addition to damages under section 362(k) to be determined in further proceedings. Individual who directs or is responsible for actions of corporate creditor may be liable in individual capacity.
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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 Paul W. Bonapfel
Honorable Mary Grace Diehl (Recall)
Order denying counsel’s motion to withdraw as attorney of record when counsel’s motion and accompanying notice to debtor failed to comply with Bankruptcy Local Rule 9010-5. Counsel’s notice to debtor failed to identify debtor’s ongoing responsibilities and failed to inform debtor of her right to object to the withdrawal.
Order granting Plaintiff’s motion for summary judgment and finding debts nondischargeable pursuant to 11 U.S.C. § 523(a)(4) when Defendant failed to remit all lottery proceeds and unsold tickets to Plaintiff. The alleged theft of tickets was immaterial when Defendant failed to supervise his employees or employ internal controls to prevent thefts.
Order denying movants' motion to compel trustee to abandon property when the statute of limitations with respect to potential avoidance actions was near its end and the Court was presented with no legal basis to interfere with the Trustee’s duty to administer the estate and maximize value for all creditors.
Order granting Plaintiff’s motion to amend the complaint and relating the amendment back to the date of the originally filed complaint under Fed. R. Civ. P. 15(c)(1)(B).
Judge Joyce Bihary (Retired)
(Creditor's expenses in attending hearing on objection to proof of claim is not entitled to payment of administrative expenses.)
Judge James E. Massey (Retired)
Motion for reconsideration denied under Fed. R. Civ. P. 59(e), made applicable in adversary proceedings by Fed. R. Bankr. P. 9023.
When attempting to file a petition in this case in the ECF system, the filer uploaded a document that did not include a petition. No petition was subsequently filed. Under section 301, a case is commenced by the filing of a petition. Because no petition was filed, Debtor never filed a case. No automatic stay ever existed. The file purporting to be a case was closed .
Motion for relief from stay granted pursuant to section 362(d)(2). Debtor did not have to prove feasibility of a plan to prevail but at a minimum had to show facts that
would enable the Court to assess the probability that a plan could be confirmed - that an effective reorganization is “in prospect.” Debtor has not provided sufficient proof to make a reliable assessment of the feasibility of a plan.