Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: chapter 7

Can Debtor’s Counsel Also Represent A Non-Filing Spouse (Or Other Party) In A Rule 2004 Examination? Maybe.

Posted in Northern District Cases
This is an issue that comes up fairly often, although normally no objections are made for a Rule 2004 examination.  As long as the lawyer is not obstructive, it is usually not worth the additional time and expense of filing an objection.  In In re Craig, Ch. 7 Case No. 16-59582, 2017 WL 713572 (Bankr.… Continue Reading

N.D. Ga. – Judge Sacca Holds Interest Rate Paid Pursuant To 11 U.S.C. §726(a)(5) Is Federal Judgment Rate.

Posted in Northern District Cases
It is the rare Chapter 7 case that ends up with sufficient estate assets to pay all claims in full, plus interest as required by 11 U.S.C. §726(a)(5).  The question addressed by Judge Sacca in In re Robinson, Ch. 7 Case No. 15-51556, 2017 WL 713571 (Bankr. N.D. Ga. February 22, 2017) (click here for… Continue Reading

Fourth Circuit: Debtors Entitled To Full National And Local Standard Amount Of Expenses If They Incur An Expense In That Category.

Posted in Miscellaneous Cases
Our neighbors to the north recently had a key, debtor-friendly, decision in a Chapter 7 case regarding what expenses may be used in the means test calculations.  In In re Jackson, 2017 WL 59011, Ch. 7 No. 16-1358 (4th Cir., January 5, 2017) the debtors had used the entire amount allowed by the “National and… Continue Reading

11th Circuit: Non-Filing Spouse’s Income And Expenses Can Be Used To Find Abuse Under Section 707(b)(3)(B).

Posted in Eleventh Circuit Cases
In In re Kulakowski, No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. 15, 2013) (click here for .pdf of opinion), the issue was the extent to the Court could consider the income and expenses of the non-filing spouse in determining whether a Chapter 7 case could be dismissed for “substantial abuse” under 11… Continue Reading

New Means Test Figures For Cases Filed After January 1, 2008

Posted in Consumer Bankruptcy Guide, News and Comments
"Updated" Means Test Numbers for October 1, 2008.  If the numbers look similar, it is because they did not change.   Median Income For Georgia Household Size Current Median (pre 1/1/2008) New Median (10/1/2008)           1     $38,086      $39,253           2     $50,001      $52,055           3     $57,254      $59,668           4*… Continue Reading

3rd Cir. – Section 546 Statute of Limitations Expired Prior To Election of “Permanent Trustee,” Thus Barring Avoidance Actions

Posted in Miscellaneous Cases
By: Scott B. Riddle, Esq. This opinion could by very important in Chapter 11 (or 13) cases that are nearing their two-year anniversary and in danger of conversion. In Singer, Trustee v. Franklin Boxboard Co. (In re American Pad & Paper, Co.), No. 05-1379, 2007 Bankr. LEXIS 4792 (3rd Cir. March 2, 2006), the Chapter 11 Order… Continue Reading