(Entry of debtor's discharge while proceeding is pending does not remove subject matter jurisdiction over core or non-core proceedings.);
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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.
(Collateral estoppel precludes relitigation of state court finding of fraudulent conduct);
(In motion for summary judgment on objection to discharge under §727(a)(2), plaintiff failed to show actual fraudulent intent);
(granting mortgage creditor relief from the stay to foreclose on debtor's real property, but denying the creditor's request for a finding under section 362(d); dismissing debtor's case with a refiling bar of 180 days due to her failure to prosecute previous cases).
([1] for purposes of Bankr. Rule 7015, a motion to dismiss is not a responsive pleading; [2]Amended complaint adding §523(a)(2) claim was timely; [3] a complaint should contain enough factual allegation to satisfy Iqbal but need not recite evidence);
Judge James E. Massey (Retired)
Motions to avoid judgment liens were denied where the motions asserted that Debtor had exempted property when in fact Schedule C was not filed until 21 days after the motions were filed.
NOT INTENDED FOR PUBLICATION
Motion to strike answer for failure to produce documents was denied because request for production of documents failed to specify the time, place and manner of production as required by Civil Rule 34(b)(1)(B).
Honorable Paul W. Bonapfel
Motion to extend stay denied where time for doing so has expired. No circumstances exist whereby court can extend stay under 362(c)(3) where stay has statutorily expired.
(Order denying motion to vacate order of dismissal and reopen case. One month after dismissal of chapter 13 case in which no meeting of creditors was held, debtors sought to vacate dismissal and reopen case. At hearing, debtors’ attorney and chapter 13 trustee agreed to consent order by which dismissal would be vacated and attorney would renotice 341 and confirmation hearing. Because seven weeks after hearing no order on the motion had been presented, court denied motion deeming failure to present order in timely manner an abandonment of the motion. Further, the Court observed that the motion stated no factual basis to warrant relief from the dismissal order under Rule 60(b) and, even if the motion had been brought timely as a motion for reconsideration under Rule 9023, the Debtors failed to assert that the dismissal order was based upon an error of fact or law that would warrant reconsideration.)
Judge Robert E. Brizendine (Retired)
(Order granting Debtor's motion to determine secured status of claim of second mortgagee and avoiding lien effective upon discharge. Order cites 11 U.S.C. Section 506(a) and (d))