Debtor's obligation to hold former spouse harmless on certain credit card debts was nondischargeable under 11 U.S.C.A. § 523(a)(15).
Opinions
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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)
Confirmed Chapter 13 plan provided that the debtors would make payments on their leased truck outside of the plan. The Court held that the debtors had not assumed the lease. The debtors could modify their confirmed plan to surrender the truck and treat the deficiency under the lease as a general unsecured claim
Debtor failed to appear at state court divorce hearing. State court awarded ex-spouse $652,000 as maintenance in gross. The bankruptcy court held that this debt was in the nature of support and nondischargeable in bankruptcy.
Debtors contended liens were nonpurchase money security interests which could be avoided. The security agreements contained dragnet clauses. The Court allowed Debtors to avoid the lien on a tractor, but not on a trailer.
Debtor moved to amend her confirmed Chapter 13 plan after confirmation. The Court held that Debtor could surrender the collateral (a truck) to secured creditor and then reclassify the unpaid balance of the claim as unsecured.
The Settlement Agreement in a divorce proceeding required the debtor to pay certain credit card debts. The Court held that the former spouses were dividing the marital obligations rather than providing alimony or support. The Court held that the debtor's obligation was dischargeable.
Judge John T. Laney, III
The court grants Trustee relief from his stipulation, and from an order incorporating that stipulation, under Rule 60(b)(5) and under Eleventh Circuit case law. It would work an injustice if Trustee were held to his stipulation now that the order upon which the stipulation was based has been reversed.
The court sustains Debtor's objection to McLane Company, Inc.'s proof of claim. The court finds that McLane Company, Inc. has not established the elements necessary for a reclamation claim under § 546(c) of the Code.
Judge James D. Walker Jr. (Retired)
If the value of a Chapter 13 debtor's interest in property would be high enough to pay interest to unsecured creditors pursuant to Section 726(a)(5) if the case were one under Chapter 7, then the debtor's Chapter 13 plan must provide for such interest in order for the plan to meet the requirements of Section 1325(a)(4).
Using four-factor approach in determining "good cause" under FRCP 55(c) and discussing creditor's notice requirements for collection of attorney fees under Georgia law.