Many debtors arrive in Bankruptcy Court having committed missteps, or even misconduct, in their financial affairs and dealings with others. Even for these debtors, Bankruptcy is often an opportunity for them to get a "fresh start." However, one of the requirements of this fresh start is that a debtor must be completely honest in documents … Continue Reading
It is common for Chapter 11 debtors to have significant tax claims. Under the Bankruptcy Code, tax claimants have priority status and must be paid in full, with interest, within sixty months of the petition date rather than the effective date of a plan. In In re Jerath Hospitality, LLC, 484 B.R. 245, 2012 Bankr. … Continue Reading
Jim Donnan has more problems with the SEC, but this time it is the Securities and Exchange Commission and not the other football teams in the Southeastern Conference. Donnan, the football coach for the Georgia Bulldogs from 1996-2000 was sued by the SEC on August 16, 2012 and accused of actively participating in and promoting a multi-million … Continue Reading
In re Randi’s, Inc., Ch. 11 Case No. 11-10431, Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} 2012 Bankr. LEXIS 2920 … Continue Reading
Seraphin v. Morris Publ’g Group LLC (In re Morris Publ’g Group LLC), 2010 Bankr. LEXIS 488, Ch. 11 Case No. 10-10134 (Bankr. S.D. Ga. Feb. 9, 2010). Morris Publishing Group and 15 affiliates filed Chapter 11 petitions on January 19, 2010. The Debtors filed a prepackaged plan under which all classes were unimpaired. A group of … Continue Reading
Suntrust Bank v. Global One, L.L.C. (In re Global One, L.L.C), 411 B.R. 524 (Bankr. S.D. Ga. July 21, 2009). SunTrust sought relief from stay on the grounds that the value of the real property ($460,000) was far less than the amount of the secured claim ($548,159). "Debtor described the nature of its business as … Continue Reading
From Deal Watch Blog - TitleMax, one of the largest title-lending companies in the U.S. and a frequent advertiser on Atlanta television stations, filed for bankruptcy in Savannah on Monday...The bankruptcy filing was triggered by the maturity of a $165 million loan from Merrill Lynch Mortgage Capital Inc. and Fortress Investment Group LLC. Savannah-based TitleMax … Continue Reading
In re Molitor, — B.R. —-, 2008 WL 4155283 (Bkrtcy.S.D.Ga. Sep. 5, 2008) (J. Barrett). The first issue was whether the United States Trustee (“UST”) was required to file the § 704(b) presumption of abuse statement within 10 days of the “Commencement” or “conclusion” of the § 341 meeting of creditors. Debtor argues § 704(b)(1) requires the UST to … Continue Reading
In re Foreman, No. 01-21400, 2007 WL 4170629 (Bankr. S.D. Ga. Nov. 26, 2007). From the Westlaw blurb – Wrongful death action which arose postconfirmation, when Chapter 13 debtor’s husband was killed, and which no party asserted would have to be successfully prosecuted to enable debtor to fulfill her plan, was not included in “property … Continue Reading
1By: Scott B. Riddle, Esq. In re Hainlen, Case No. 06-10678, 2007 Bankr. LEXIS 1041 (Bankr. S.D. Ga. March 26, 2006)(Barrett). Debtor’s father was a teacher, and had a retirement annuity with the Teachers Retirement System of Georgia. He designated his daughter, the debtor, as a beneficiary of 25% of the proceeds. Upon his death, the debtor … Continue Reading
In re Edwards, Case No. 06-20145, 2007 Bankr. LEXIS 1738 (Bankr. S.D. Ga. April 5, 2007)(Dalis). Debtor converted her Chapter 13 case to a Chapter 7 case, and the clerk issued a Notice of Deficiency because the debtor had not filed her Means Test, Form B22A. However, debtor’s Form B22C (Chapter 13 Statement of Monthly Current … Continue Reading
By: Scott B. Riddle, Esq. In re James, 2007 Bankr. LEXIS 152 (Bankr. S.D. Ga. January 17, 2007)(J. Barrett). Debtor filed her second case within a year, and filed a motion to continue the automatic stay beyond the thirty-day period of 11 U.S.C. §362(c)(3). The court denied the motion, as the debtor’s circumstances had not … Continue Reading
By: Scott B. Riddle, Esq. In re Batten, 351 B.R. 256, 2006 Bankr. LEXIS 2524 (Bankr. S.D. Ga. September 29, 2006) (Dalis). Debtors filed a motion seeking authority to amend their schedules to reflect a tort claim that arose post-petition after the conversion from Chapter 13 to Chapter 7, and in the same month the … Continue Reading
David Rosendorf discusses the District Court’s ruling at the ABI BAPCPA Blog — Appeal of "Debt Relief Agency" Opinion Dismissed For Lack Of Standing… Continue Reading
Southeast Landco, LLC v. 150 Beachview Holdings, LLC, 2006 U.S. Dist. LEXIS 73098 (S.D. Ga. September 21, 2006) (Alaimo). A lawsuit was filed in federal court alleging breach of a real estate contract. The basis for federal jurisdiction, the plaintiff argued, was that an individual who had a leasehold interest in the real property** at … Continue Reading
11 U.S.C. §§ 105, 362(c); Automatic Stay; Extension of Stay for Repeat Filer In re Whitaker, 2006 Bankr. LEXIS 796, Case No. 05-1416 (Bankr. S.D. Ga. April 20, 2006) (Dalis) Debtors filed a Chapter 13 petition after the effective date of the BAPCA. The filing was their second within a year, the first case having … Continue Reading
11 U.S.C. §§ 105, 362(c); Automatic Stay; Extension of Stay for Repeat Filer In re Whitaker, 2006 Bankr. LEXIS 796, Case No. 05-1416 (Bankr. S.D. Ga. April 20, 2006) (Dalis) Debtors filed a Chapter 13 petition after the effective date of the BAPCA. The filing was their second within a year, the first case having … Continue Reading
11 U.S.C. §§ 1307, 1328(f); Confirmation of Chapter 13 Plan; Discharge; Good Faith In re Lewis, 2005 Bankr. LEXIS 471, Case No. 05-14070, In re Tobias, 2005 Bankr. LEXIS 471, Case No. 14078 (Bankr. S.D. Ga. March 27, 2006)(Dalis) Debtors each filed Chapter 13 petitions and 100% plans, even though they were ineligible for a … Continue Reading
11 U.S.C. §§ 506, 1325; Secured Claims In re Brown, 2006 Bankr. LEXIS 476, Case No. 05-21764 (Bankr. S.D. Ga. March 27, 2006)(Dalis) Debtor purchased a personal vehicle within 910 days of filing a Chapter 13 petition, and the creditor filed a claim stating that the vehicle debt was 100% secured. The debtor proposed a … Continue Reading
11 U.S.C. §§ 506, 1325; Secured Claims In re Carver, 2006 Bankr. LEXIS 327 (S.D. Ga. March 6, 2006) (Walker) Debtors filed a Chapter 13, listing a vehicle (purchased within 910 days of filing) with a current value of $14,500 and subject to a claim of $15,000. Debtors’ plan proposed to pay the entire $15,000 … Continue Reading
11 U.S.C. §541; Property of the Estate; Judicial Estoppel Wooten v. Altahama Bank and Trust, 2005 U.S. Dist. LEXIS 36186, Case No. CV203-100 (S.D. Ga. October 4, 2005)(Alaimo) Plaintiff filed a complaint against former employees and others for numerous state law claims, including fraud and conversion, and civil RICO. The defendants moved for summary judgment … Continue Reading
11 U.S.C. §101(12A); Debt Relief Agencies; Attorneys In re Attorneys at Law and Debt Relief Agencies, 322 B.R. 66 (Bankr. S.D.Ga. October 17, 2006) (Davis) Although the language defining the term “debt relief agencies” in §101(12A) was broad enough to cover attorneys, the court held that members of the bar of the court, or attorneys … Continue Reading
