(Standard for granting a motion to dismiss. Motion granted in part.)
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.
Judge Joyce Bihary (Retired)
Honorable Paul W. Bonapfel
Order denying Defendant’s motion to dismiss for failure to state a claim for relief. Plaintiff’s complaint satisfied the “facial plausibility” requirement of Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), which is met “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. at 1949.
(Debtor's plan based upon fictitious financial instruments that are premised upon secret bank account at the Treasury Department was frivolous);
(granting judgment in favor of plaintiff and finding that purchaser of estate assets was not entitled to payment by the reorganized debtor pursuant to the sales agreement; rather, parties must allow a neutral auditor to determine whether the seller or the purchaser owed money to the other party, as provided for in the sale agreement).
(Debtor's sister is initial transferee under §550 from whom fraudulent transfer may be recovered even though sister expended funds only at Debtor's direction);
(Any transfer made in the course of a Ponzi scheme is deemed made with actual fraudulent intent);
(Defendant's motion to set aside entry of default granted);
(Collateral estoppel precludes relitigation of state court finding of fraudulent conduct);
Honorable Mary Grace Diehl (Recall)
The Chapter 7 Trustee prosecuted a breach of fiduciary duty claim at trial against selected officers and directors of Debtor Maxxis Group, Inc. Judgment was made in favor of the defendants. The evidence failed to support a finding of defendants’ knowledge of insolvency and specified damages from the alleged breach.
Judge Robert E. Brizendine (Retired)
(Fox v. Lakeview Publishing.com, Inc.),(Court granted Debtor's motion to avoid judicial lien concluding that even though Respondent filed its lien on general execution docket, it failed to perfect same as a lien on a motor vehicle under Georgia law in accordance with O.C.G.A. Section 40-3-53. Since lien did not attach to vehicle in question, it did not secure an interest of Respondent in said property and thus, could be avoided under 11 U.S.C. Section 522(f)(1)).