In re Holliday, No. 03-90612m 2006 Bankr. LEXIS 2567 (Bankr. N.D.Ga. August 31, 2006) (Diehl) — Debtor’s pre-petition personal injury claim was disclosed on the debtor’s Statement of Financial Affairs, but not on Schedule B, Personal Property. The case was closed, the later re-opened by the Chapter 7 Trustee. The claim was not abandoned pursuant to §555(c) when the case was closed because it was not listed on her Schedules. "Even when a debtor files her Schedules of Assets and Liabilities in good faith and failed to identify an interest in property on here scehdules through mistake alone, the debtor will not receive the windfall of having that property deemed abandoned by operation of law."
Mutual Savings Credit Union v. Allen, Adv. No. 06-1006, 2006 Bankr. LEXIS (Bankr. N.D. Ga. June 1, 2006) (Drake) — Debtor’s pre-petition cause of action was not abandoned by the Chapter 7 trustee when the case was closed because the claim was not listed on the debtors’ bankruptcy schedules. 11 U.S.C. §554(d). Therefore, only the trustee had standing to prosecute the claim on behalf of the estate.
In re Combs, No. 06-10872, 2006 Bankr. LEXIS 2515 (Bankr. N.D. Ga. August 3, 2006)(Drake) – Secured creditors motion to increase adequate protection payments was denied where creditor failed to present any evidence of the value of the vehicle or rate of depreciation; creditor only claimed that case was filed in bad faith, which was not relevant.
In re Cobb, No. 06-15204, 2006 Bankr. LEXIS 2273 (Bankr. N.D. Ga. June 1, 2006) (Drake) – Court had authority under §105 to order Georgia Office of Child Support Services to file paperwork to get the debtor’s drivers license back. The provisions of the Code, specifically the exception from the stay for child support payments, has served its purpose and the debtor’s support obligations are being deducted by the debtor’s employer. Further, an inability to drive may harm debtor’s future employment, and as a result, the estate and other creditors. An order to the OCSS to cause reinstatement of the license was "necessary" and "appropriate" to carry out the provisions of the Code.