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
By Posted in Georgia State CasesJudicial Estoppel Collections of Life & Heritage, Inc. v. Gaston-Thacker, GP, 277 Ga. App. 402 (January 27, 2006). The creditor obtained a judgment and writ of fieri facias against the debtor. The debtor filed an action to set aside the writ on the grounds that debt was not listed as an asset in the bankruptcy… Continue Reading
By Posted in Georgia State Cases11 U.S.C. 727; Standing Thornton v. Mankovitch, 277 Ga. App. 221 (January 12, 2006). The debtor corporation was pursuing a claim against the US Postal Service when an involuntary bankruptcy petition was filed against it. A trustee was appointed, and the attorney who previously represented the debtor and its principal in the USPS litigation was… Continue Reading
By Posted in Georgia State CasesJudicial Estoppel Battle v. Liberty Mutual Fire Ins. Co., 276 Ga. App. 434 (November 3, 2005) The plaintiff filed suit against the insurance company seeking payment for property damage sustained in 2002. The insurance company moved for summary judgment based upon the plaintiff’s failure to list the property as an asset in his 1995 bankruptcy… Continue Reading
