Bankruptcy Court for the Northern District of Georgia Court Cases

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  1. In Re Grady (2006)

    THIS MATTER is before the Court on the Objection to Confirmation and Request for Dismissal of Case (the "Objection") (Doc. No. 14). The Chapter 13 Trustee (the "Trustee") filed the Objection on March 2, 2006. A hearing was held on the Objection on May 9, 2006.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: 06-60726 CRM
  2. In Re Parker (2006)

    A primary purpose of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") which became effective for cases filed after October 17, 2005 was to counteract tie perceived abuse of the Bankruptcy Code by debtors.[1] This case involves the attempt by a Chapter 7 debtor to use the eligibility and automatic dismissal provisions of BAPCPA to abuse the bankruptcy system. The Court will not misconstrue these provisions so as to support Debtor's actions and therefore will DENY [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: 06-61224
  3. In Re Shank (2004)

    Following confirmation of her chapter 13 plan, the debtor objected to nine unsecured proofs of claim on the ground that they did not have documents to support them as required by Rule 3001 of the Federal Rules of Bankruptcy Procedure and Official Form 10. Two claimants responded to the objection, contending that the debtor cannot object to claims after confirmation of her plan and that, in any event, their claims are allowable as filed. The other claimants did not respond.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: 03-77548
  4. In Re Ross (2006)

    Section 109(h) of the Bankruptcy Code, 11 U.S.C. § 109(h), as added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), provides that an individual is not eligible to be a debtor in a bankruptcy case unless, with certain exceptions, the individual has received a prepetition credit counseling and budget briefing from an approved nonprofit agency. The Debtor in this case requested that the Court permit him to obtain the required briefing after the filing of his [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: 05-86669-PWB
  5. In Re Armwood (1994)

    This matter arises on the Chapter 13 Trustee's motions to dismiss with prejudice and for imposition of sanctions against Debtor and Debtor's attorney. Hearing was held August 1, 1994. Debtor did not appear. Pursuant to direction of the court at the hearing, Debtor's attorney filed a post-hearing report August 22, 1994 (the "Report"). An amendment to that report (the "Amendment") was filed September 26, 1994.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 94-65990
  6. In Re Walker (2008)

    Before the Court is the Motion to Dismiss filed by the United States Trustee in the above-captioned bankruptcy case. The Debtors oppose the Motion. Following an evidentiary hearing" held on October 9, 2007, the Court took this matter under advisement. This matter is a core proceeding, over which this Court has subject matter jurisdiction. See 28 U.S.C. § 157(b)(2)(A); § 1334. The following constitutes the Court's findings of fact and conclusions of law.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: 05-15010-WHD
  7. Matter of Graham (1996)

    J. Timothy White, Varner, Stephens, White & Humphries, Atlanta, Georgia, Jerry B. Blackstock, C. Scott Greene, Christopher P. Galanek, Powell, Goldstein, Frazer & Murphy, Atlanta, Georgia, for Third-Party Defendants, Herbert M. Schwartz and U.S. Postamatic, Inc.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. A91-71114-WHD. Adv. No. 92-6311A
  8. In Re Smith (1995)

    Before the court are (1) Debtor's motion in the main case for imposition of sanctions against Mitchell Construction Company, Inc. ("Mitchell") and its attorney, David Rutherford, for willful violation of the automatic stay of 11 U.S.C. § 362(a); and (2) Debtor's motion to dismiss as untimely the adversary proceeding filed by Mitchell. The issue central to both motions is when Mitchell received actual notice of the filing of Debtor's Chapter 7 bankruptcy case.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 93-63431. Adv. No. 93-6790
  9. In Re Knight (2007)

    The Debtor's chapter 13 plan provides for the Debtor to make regular contractual payments of $455 per month on two nondischargeable student loans of approximately $50,000 under 11 U.S.C. § 1322(b)(5), which permits the maintenance of payments on long-term debts, including unsecured debts, and $400 per month to the Trustee for pro rata distribution to other unsecured creditors. The plan provides for these payments to be made for 60 months, the "applicable commitment period" under 11 U.S.C. § [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: A06-70061-PWB
  10. In Re Jennings (2011)

    The issue before the Court is whether a "chapter 20 debtor"—a debtor who is ineligible for a chapter 13 discharge pursuant to section 1328(f) of the Bankruptcy Code because of a recent chapter 7 discharge— may strip off[1] the lien of a wholly underwater second mortgage ("lien stripping"). For the reasons set forth herein, the Court finds that if the plan is filed in good faith, a chapter 20 debtor may strip off such a lien in a chapter 13 plan.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: 11-50570-CRM, 10-88514-CRM
  11. In Re Robinson (1996)

    This matter arises on Debtor's motion to dismiss and the motion of Fleet Finance, Inc. ("Fleet") for imposition of sanctions against Debtor and Debtor's attorney. Pursuant to Debtor's motion to dismiss, an order was entered February 28, 1996, dismissing this case, but on the same day, Fleet filed an objection to the dismissal. By order entered March 19, 1996, the dismissal order was vacated and hearing was scheduled. At the hearing, Debtor's attorney and Fleet's attorney were present. Debtor [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 95-78739
  12. Matter of Musgrove (1995)

    Currently before the Court in this matter is a Motion to Dismiss or in the Alternative Motion for Summary Judgment, filed by Vernon Thompson Musgrove (hereinafter "the Debtor"). The Debtor's motion comes as defense to a Complaint to Determine Dischargeability and Objection to Discharge filed by Everett Morgan and Libby Morgan (hereinafter "the Morgans"). As such, these matters constitute a core proceeding. See 28 U.S.C. § 157(b)(2)(I) & (O). The Court bases it decision upon the Findings of [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. N95-10489-WHD. Adv. No. 95-1023N
  13. In Re Shelton (2007)

    Debtor has proposed a plan that contributes substantially more to his retirement account than to his unsecured creditors. The proposed plan raises two issues: first, whether the plan complies with § 1325(b)(1)'s requirement that Debtor applies all of his projected disposable income to the plan, and second, whether the plan is proposed "in good faith." The Chapter 13 Trustee ("Trustee") has objected to confirmation on both grounds.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: 06-68375-MHM
  14. Matter of Ford (1983)

    Plaintiff-debtors in this adversary proceeding have requested a determination that certain debts, discharged as a result of a Chapter 7 bankruptcy, could not continue to give rise to a cause of action filed as a counterclaim by defendant-creditor. While this Court holds that the discharge of debts under Chapter 7 of the Bankruptcy Reform Act prohibits the creditor from engaging in collection efforts or seeking a judgment on those debts against the debtors in any later action, such debts may be [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: Old Bankruptcy No. 80-00118G, New Bankruptcy No. 81-0094G
  15. Matter of Munford, Inc. (1990)

    On February 20, 1990, Munford, Inc. (hereinafter "Munford") filed a complaint against TOC Retail, Inc. (hereinafter "TOC") and Majik Market Management Corporation (hereinafter "MMMC"), collectively referred to as "Defendants," seeking a judgment substantively consolidating Defendants' assets and operations with those of Munford. The matter is currently before the Court on Defendants' motion to dismiss the complaint, filed on March 23, 1990. It is a core proceeding over which the Court has [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy A90-00078-WHD, Adv. No. 90-0110A
  16. Matter of Abercrombie (1984)

    The above and foregoing matter came on before this court for hearing on March 1, 1984, on the debtor's objection to the proof of claim of General Motors Acceptance Corporation (GMAC) and the debtor's motion to modify his Chapter 13 plan. Present at the hearing were counsel for the debtor and GMAC.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 83-00782A
  17. In Re Daniel (1997)

    Before the court is Debtor's motion to reopen her case to add an asset. The asset is a prepetition personal injury claim arising from an automobile collision which occurred September 18, 1993. A lawsuit (the "Lawsuit") was filed in Cobb County in August, 1995.[1] Debtor anticipates a recovery in the Lawsuit which will enable a distribution to creditors. Debtor alleges the omission of the Lawsuit as an asset in her schedules was inadvertent.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 94-62471
  18. In Re Toth (1996)

    This case is before the court on Movant's motion for an order confirming the foreclosure sale of real property of Debtor. Hearing was held and the parties, including the Chapter 13 Trustee filed post-hearing letter briefs.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 94-63944
  19. In Re Roche (2005)

    Karen B. Armsby, Georgia Department of Law, Atlanta, GA, Matthew J. Dyer, McCalla Raymer, et al., Roswell, GA, James W. Martin, Simpson Law Offices, LLP, Atlanta, GA, Michael J. McCormick, John D. Schlotter, McCalla, Raymer, Padrick, et al., Roswell, GA, for creditors.


    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. 05-63544-MGD, Adversary No. 05-09040
  20. In Re Daniel (1989)

    This adversary proceeding between the Chapter 13 debtors and the United States of America on behalf of its agency, the Internal Revenue Service (hereinafter "IRS") is before the Court on cross-motions for summary judgment. The plaintiff debtors seek a judgment that their pre-petition debt to the IRS has been discharged under 11 U.S.C. § 1328(a). The issues involve the adequacy of the notice given to the IRS and a determination of whether the unsecured priority tax claims were "provided for" [...]

    Court: Bankruptcy Court for the Northern District of Georgia Docket: Bankruptcy No. A85-03774-JB, Adv. No. 88-0315A

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