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,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 Middle District CasesIn In re Cochran, Ch. 13 Case No. 15-52314-aec, 2016 WL 4575557 (Bankr. M.D. Georgia, September 1, 2016), the primary issue was “whether a plan that calls for distributions in the form of monthly payments followed by a balloon payment to a creditor holding a claim secured by the debtor’s real property complies with §1325(a)(5)(B)(iii)(I)… Continue Reading
By Scott Riddle Posted in Middle District CasesIn In re Mooney, Ch. 7 Case No. 13-10835, 503 B.R. 916, 2014 Bankr. LEXIS 29 (Bankr. M.D. Ga. January 3, 2014), the issue before the Court was whether a health savings account (“HSA”) is exempt. Judge Walker held that an HSA is not exempt under Georgia state exemptions, even though Georgia has enacted legislation… Continue Reading
By Scott Riddle Posted in Middle District Cases,News and CommentsIn a significant victory for former Georgia football coach Jim Donnan, a Bankruptcy Judge has ruled that the evidence at trial did not support a finding that Donnan knowingly participated in a fraudulent Ponzi Scheme. The case is Fennell v. Donnan, Adv. No. 11-3088, 2013 Bankr. LEXIS 3110 (Bankr. M.D. Ga. August 1, 2013) (Judge… Continue Reading
By Scott Riddle Posted in Middle District Cases,Small Business BankruptcyThe issue before the District Court in Putnall v. SunTrust Bank, No. 5:12-cv-481, 2013 U.S. Dist. LEXIS 44187 (M.D. Ga. March 28, 2013) was whether the lender’s security interest in rents (the “cash collateral”) was separate and apart from, and in addition to, its security interest in the rental property owned by the Debtor. The… Continue Reading
By Scott Riddle Posted in Middle District CasesThe opinion of Judge Walker in the case of In re Williams (Williams v. American Education Service, et al,), 2013 Bankr. LEXIS 2050, Adv. Proc. No. 12-5059 (Bankr. M.D. Ga. May 13, 2013) is a good example of the standard that must be met to discharge student loans. Debtor’s must not only demonstrate “undue hardship”… Continue Reading
By Scott Riddle Posted in Middle District CasesIn May 2012 the Eleventh Circuit entered its opinion in In re McNeal and seemingly approved the stripping of wholly unsecured second liens in Chapter 7 cases. Since this was an unpublished opinion of a panel (and non-binding), and contrary to authority in other Circuits, lawyers have been watching to see what Bankruptcy Courts would… Continue Reading
By Scott Riddle Posted in Middle District CasesIn an interesting opinion, Chief Judge Laney of the Middle District of Georgia held that a tort claim that "arose" well before a Chapter 7 filing but was not discovered by the debtor until well after discharge was property of the Chapter 7 case. The case is interesting in that it was before the Court… Continue Reading
By Posted in Middle District Cases RLI Ins. Co. v. Waters (In re Waters), Adv. No. 09-5014, 2009 Bankr. LEXIS 3865 (Bankr. M.D. Ga. Dec. 7, 2009) (J. Hershner). Debtor was the guardian of his minor son, who was injured in a car accident and received $15,522.74 in settlement proceeds. Plaintiff was the issuer of a surety bond in the amount of… Continue Reading
By Posted in Middle District CasesIn re Coachworks Holdings, Inc., Ch. 11 Case No. 09-51096, 2009 Bankr. LEXIS 3369 (Bankr. M.D. Ga. Oct. 16, 2009). Movant filed a motion for relief to pursue employment claims against the debtor and non-debtor parties. Debtor opposed, contending the claims should be resolved in Bankruptcy Court based primarily on the expense of litigating in… Continue Reading
By Posted in Middle District Cases In re Baugh, Ch. 7 Case No. 07-30838 (Bankr. M.D. Ga. September 17, 2009)(J. Walker). A petition preparer was sanction pursuant to section 110 of the Code. The Court found that the preparer violated the Code by failing to provide her address, her partial social security number, and by providing legal advice to the debtor… Continue Reading
By Posted in Middle District Cases,Northern District CasesIn re Dabney, 2009 Bankr. LEXIS 1112, 08-77955-PWB (April 7, 2009). The Chapter 13 Trustee objected to the debtor’s attorney’s flat fee of $3500 where the debtor was only paying unsecured, non-priority claims in his confirmed Ch. 13 plan. Judge Bonapfel engaged in a lengthy 6 page analysis of fees in Chapter 13 cases (which all Ch.… Continue Reading
By Posted in Middle District CasesIntrosul, Inc., which according to its website offers "innovative solutions in bathroom design and installation to make life better for innkeepers and their guests all over North America," filed a Chapter 11 petition in the Middle District of Georgia on November 11, 2008. In re Introsul, Inc., Ch. 11 Case No. 08-53328 (Bankr. M.D. Ga. Nov.… Continue Reading
By Posted in Middle District CasesFrom the Middle District of Georgia Clerk of the Bankruptcy Court – CMECF DICTIONARY CHANGES EFFECTIVE NOVEMBER 24, 2008 Motion to Release Unclaimed Funds: This is a new event in the motions category. Trustee’s Response: This was formerly called “Trustee’s Approval/Objection Letter.” The prompt has been modified to read “Please enter APPROVAL, OBJECTION, NO POSITION… Continue Reading
By Posted in Middle District CasesJP Morgan Chase Bank v. ELL 11, LLC, No. 7:07-CV-158-HL, 2008 WL 4682263 (M.D. Ga. October 21, 2008). The issue before the Court is — This case presents the question of whether after the filing of a debtor’s Chapter 11 petition, an oversecured creditor is entitled to attorney fees actually incurred post-petition when the creditor failed to comply… Continue Reading
By Posted in Middle District CasesIn re Williams — B.R. —-, 2008 WL 4168151 ( Bkrtcy.M.D.Ga., September 04, 2008) (J. Hershner). In a motion to set aside a foreclosure sale, the Court held that a debtor’s equity of redemption was extinguished when the highest bid was made at a foreclosure sale, even if the deed under power was not recorded until… Continue Reading
By Posted in Middle District CasesKlauman v. GMAC Mortg., LLC, Slip Copy, 2008 WL 4098947 (M.D.Ga. August 28, 2008) (J. Land). Debtors filed a class action against Defendant alleging that Defendants added undisclosed fees during their Bankruptcy case. The Bankruptcy Court entered an Order dismissing the adversary for lack of subject matter jurisdiction on April 10, 2008: Since [Debtors] fail… Continue Reading
By Posted in Middle District CasesJason Braswell of Morgan & Morgan in Athens, Georgia passed along is case of In re Carter , Case No. 3:07-CV-50, Ch. 13 Case No. 06-30846 (M.D. Ga.) (click here for .pdf), wherein Judge Land affirmed the Bankruptcy Court’s ruling that surrender of "910 vehicles" constitutes full satisfaction of the claim. This issue has been discussed… Continue Reading
By Scott Riddle Posted in Middle District CasesTarpon Point, LLC v. Wheelus, Adv. No. 07-3022, 2008 WL 372470 (Bankr. M.D. Ga. Feb 11, 2008) (Walker). Plaintiffs alleged that the debt owed by Debtors was nondischargeable pursuant to § 523(a)(4), defalcation while acting as a fiduciary. The issue was whether the Debtors had a fiduciary duty sufficient to invoke this section merely because… Continue Reading
By Posted in Middle District CasesTarpon Point, LLC v. Wheelus, Adv. No. 07-3022, 2008 WL 372470 (Bankr. M.D. Ga. Feb 11, 2008) (Walker). Plaintiffs alleged that the debt owed by Debtors was nondischargeable pursuant to § 523(a)(4), defalcation while acting as a fiduciary. The issue was whether the Debtors had a fiduciary duty sufficient to invoke this section merely because… Continue Reading
