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Please note: These opinions are not a complete inventory of all judges' decisions and are not documents of record. Official court records are available at the clerk's office.

Robert F. Hershner, Jr. (Retired)

Creditor sought relief from automatic stay, alleging that Debtor had failed to make her postpetition mortgage payments. Creditor and its attorneys failed to timely respond to Debtor's request for a copy of her account history. Creditor had misapplied some of Debtor's payments. Creditor and Debtor resolved the matter, but creditor's attorney continued to seek attorney's fees from Debtor. Court ordered creditor's attorney to pay for attorney's fees that Debtor incurred after the matter was resolved.

Creditor moved for relief from discharge order that it contended was entered in error. Creditor failed to show that it was entitled to relief. Debtor awarded damages for creditor's willful violation of discharge injunction.

Debtor filed a child custody action against her ex-spouse. Debtor's obligation to pay fees of guardian ad litem were in nature of support and were nondischargeable in bankruptcy. State court appointed a guardian ad litem to protect the interest of two minor children.

Debtors' minor daughter was injured in an automobile accident. Debtors suffered no bodily injury and had no personal injury claim to exempt.

Judge James D. Walker Jr. (Retired)

Discharge of Debtor's half-million dollar tax liability to the Internal Revenue Service is denied. In refusing to allow an IRS officer to enter his residence to inventory and seize his personal property in satisfaction of Debtor's tax arrearage, Debtor's conduct was an "affirmative act," as contemplated in In re Griffith, 206 F.3d 1389 (11th Cir. 2000) (en banc), resulting in denial of Debtor's discharge pursuant to 11 U.S.C. Section 523(a)(1)(C).

Circumstances did not indicate the creation of certain oral partnership contracts between Plaintiff-Debtor and creditor defendants.

Though 11 U.S.C. § 502(b)(3) limits the amount of an ad valorem tax claimant's claim to the value of the estate's interest in the property against which the ad valorem tax was assessed, Trustee may not use Section 502(b)(3) to avoid the tax claimant's security interest created by a tax lien perfected more than 90 days prior to Debtor's petition.

Question as to whether Debtor "knowingly or fraudulently" omitted items from his schedules, and is thus subject to having his discharge denied for making a false oath pursuant to Section 727(a)(4)(A) for making a false oath or account, is ultimately turns on the credibility of the Debtor, and is accordingly a question for the finder of fact; value of property that Debtor alleges is irrelevant to determination of the property's materiality to the estate for purposes of denying discharge pursuant to Section 727(a)(4)(A).

Judge John T. Laney, III

Section 1322(c)(2) allows certain short-term mortgages, which would otherwise be covered by the section 1322(b)(2) prohibition of modification, to be crammed down to value and paid at a market rate of interest.

In this chapter 12 case, the court ruled that the creditor did not carry its burden of proof to establish nondischargeability under § 523(a)(2)(A), (4), or (6) of the Code. The court also ruled that language in a consent order, which allowed Debtor's late-filed answer to the counterclaim, did not entitle the creditor to a default judgment, and that collateral estoppel did not apply to bar Debtor from contesting the nondischargeability complaint.