By Scott Riddle Posted in Georgia State Cases,Middle District CasesIn Georgia, does a judgment lien attach to real property as of the date the judgment was entered or as of the date and time the writ of fieri facias on that judgment is properly recorded in the county records, as required under Georgia law? The Supreme Court of Georgia answered this question in Synovus… Continue Reading
By Scott Riddle Posted in Eleventh Circuit Cases,Georgia State Cases,Northern District CasesIn In re Hoffman, 2022 WL 203415 (11th Cir. January 24, 2022) (click here for .pdf) the issue before the Court was whether Roth IRAs were exempt pursuant to 11 U.S.C. §541(c)(2) or O.C.G.A. § 44-13-100(a)(2)(E). This is a case of first impression in the Circuit, based upon recent amendments to the Georgia exemption statutes.… Continue Reading
By Scott Riddle Posted in Eleventh Circuit Cases,Georgia State Cases,Middle District CasesHealth Savings Accounts were adopted by federal law in 2003, and allowed in Georgia in 2008. They have been a tremendous benefit to many families since that time. A simple explanation of a Health Savings Account (“HSA”), from Judge Wiki, is: [An HSA] is a tax-advantaged medical savings account available to taxpayers in the United… Continue Reading
By Scott Riddle Posted in Consumer Bankruptcy Guide,Georgia State Cases,Miscellaneous CasesDid the Georgia Supreme Court effectively repeal the foreclosure confirmation statute by affirming the rights of lenders to include waivers in their standard loan documents for both borrowers and guarantors? That appears to be the case. In PNC Bank, NA v. Smith, No. S15Q1445, 2016 WL 690406 (GA 2016) (download .pdf), the U.S. District Court… Continue Reading
By Scott Riddle Posted in Eleventh Circuit Cases,Georgia State Cases,Northern District CasesThe Georgia Supreme Court recently answered certified questions from the Eleventh Circuit Court of Appeals regarding whether a single premium annuity was exempt in a Chapter 7 case, where the annuity was purchased a year before filing with $220,000 in inherited funds. A debtor’s transfer of $220,000 a year before filing Chapter 7 is certainly… Continue Reading
By Scott Riddle Posted in Eleventh Circuit Cases,Georgia State CasesOn February 18, 2013, the Georgia Supreme Court issued its opinion in Wells Fargo Bank. N.A. v. Gordon, No. S12Q2067, 2013 Ga. LEXIS 158 (Feb 18, 2013). The case was certified to the Georgia Supreme Court by the Eleventh Circuit Court of Appeals in In re Codrington, 691 F3d 1336 (11th Cir. 2012) (click here… Continue Reading
By Posted in Georgia State Cases,Miscellaneous Cases,News and CommentsIn a case of first impression, the Georgia Court of Appeals has held that a foreclosure notice must identify both the secured lender and the "individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor." Reese v. Provident Funding Associates, LLP, 2012 Ga. App. LEXIS… Continue Reading
By Posted in Georgia State Cases,Northern District CasesIn this prior post, I discussed a ruling by Judge Massey, wherein he ruled in favor of a Chapter 7 Trustee who sought to set aside a security deed that did not contain the appropriate signature of an unofficial witness. Gordon v. Wells Fargo, Adv. No. 08-6612, 430 B.R. 287 (December 10, 2009) (click here… Continue Reading
By Posted in Corporate & Fiduciary Litigation,Georgia State CasesBy: Scott B. Riddle, Esq. Vibratech, Inc. v. Frost, et al., 2008 WL 1704091 (Ga. App. March 27, 2008). Although this Georgia Court of Appeals opinion involves a bankruptcy issue, it is more important for the discussion and holding on personal jurisdiction. This case indicates that a defendant can be hauled into Georgia Courts based on… Continue Reading
By Posted in Georgia State CasesBy: Scott B. Riddle, Esq. Huffman v. Armenia, Case Nos. A06A2105; A06A2106; A07A0616, 2007 Ga. App. LEXIS 325 (Ga. App. March 20, 2007). In a prior post, I discussed a case that held that a debtor entity may file a Bankruptcy petition even when a Receiver has been appointed by the state court. While I do not… Continue Reading
By Posted in Corporate & Fiduciary Litigation,Georgia State CasesBy: Scott B. Riddle, Esq. In a prior post, I noted that the Georgia Court of Appeals had recognized a cause of action for aiding and abetting breach of fiduciary duty. You can review that post for lengthy excerpts from the opinion in Insight Technology, Inc. v. Freightcheck, Inc., No. A06-0710, Ga. App. LEXIS 738, 2006… Continue Reading
By Posted in Georgia State CasesIn Roy v. Garden Ridge, LP, Case No. A06-A-2065 (December 5, 2006), plaintiffs filed a personal injury suit against the defendant. The defendant subsequently filed a Chapter 11 Bankruptcy petition, staying the tort case. Defendant’s plan of reorganization was confirmed. Defendant then filed a motion for summary judgment in state court on the grounds that the… Continue Reading
By Posted in Georgia State CasesHill v. Green Tree Servicing, Inc., A06–0530, 2006 Ga. App. LEXIS 771 (Ga. App June 26, 2006) – Prior to this action, Borrower, the owner of a residential mobile home, had asserted a claim against Conseco Financial Services in Conseco’s Chapter 11 bankruptcy case. The Borrower ultimately settled the proceeding, agreeing on a general unsecured… Continue Reading
By Posted in Georgia State CasesIn a significant corporate governance case, the Georgia Court of Appeals officially recognized a claim of aiding and abetting breach of fiduciary duty. Federal courts have recently dismissed such claims because, they believed, Georgia state courts would not recognize such a cause of action. See Official Committee of Unsecured Creditors of PSA, Inc. v. Edwards,… Continue Reading
By Posted in Georgia State CasesYet another lesson that divorce decrees do not bind creditors, or trump a bankruptcy discharge – In McGahee v. Rogers, No. 06A0885, 2006 Ga. LEXIS 674 (Ga. July 13, 2006), the husband was liable for certain joint debts pursuant to the divorce decree. The final decree incorporated a settlement agreement pursuant to which neither party… Continue Reading
By Posted in Georgia State CasesJudicial Estoppel; Standing Lee v. Owenby & Assoc., Inc. 2006 Ga. App. LEXIS 604 (May 17, 2006) Prior to filing bankruptcy, the debtor asserted claims against his landlord. After his filing, the trustee entered an appearance in the state action on behalf of the debtor’s estate, and dismissed without prejudice the claims against the landlord.… Continue Reading
By Posted in Georgia State CasesFederal Judicial Estoppel Benton v. Benton, 2006 Ga. LEXIS 241, No. 06-A-0605 (GA April 25, 2006). The husband and wife were involved in a pending divorce action, wherein the wife had asked for alimony and a division of property, when the wife filed a Chapter 7 petition. Her Statement of Financial Affairs identified the divorce… Continue Reading
By Scott Riddle Posted in Georgia State Cases11 U.S.C. §727(a)(2); Fraudulent Conveyance; Collateral Estoppel Playnation Play Systems, Inc. v. Hammer, 277 Ga. App. 675 (February 20, 2006). Prior to filing for bankruptcy, the debtor transferred property after a state court judgment was entered against him. Debtor then filed a Chapter 7 petition and the creditor challenged his discharge pursuant to §727(a)(2) (transfer… Continue Reading
By Posted in Georgia State Cases11 U.S.C. §727(a)(2); Fraudulent Conveyance; Collateral Estoppel Playnation Play Systems, Inc. v. Hammer, 277 Ga. App. 675 (February 20, 2006). Prior to filing for bankruptcy, the debtor transferred property after a state court judgment was entered against him. Debtor then filed a Chapter 7 petition and the creditor challenged his discharge pursuant to §727(a)(2) (transfer… Continue Reading
