Tarpon 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
Tarpon 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
In re McDaniel, No. 06-62786, 2007 Bankr. LEXIS 3390 (August 24, 007)(CRM). The United States Trustee filed a motion to dismiss under §707(b)(2) and (b)(3) based on presumption of abuse and totality of circumstances. The Court held that 1) the debtor could deduct secured debt payments on the means test even where he intended… Continue Reading
In re Cox, 2007 WL 4355254, No. 07-10787-JDW (Bankr. M.D.Ga. Nov 29, 2007). Prison is no excuse for not completing the financial management course, as required in §727(a)(11) and §109(h)(4). The Court agrees with [ In re Rendler, 368 B.R. 1 (Bankr.D.Minn.2007)] that an incarcerated debtor is prevented from obtaining a financial management course by his personal circumstances; not… 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
In re Davis, Ch. 13 Case No. 07-50761, 2007 Lexis 3175 (Bankr. M.D. Ga. September 12, 2007). On February 26, 2005, Debtor purchased a new 2005 Chevrolet Trail Blazer … Debtor financed the purchase by entering into a Retail Installment Sale Contract …GMAC holds a purchase money security interest in Debtor’s truck. Debtor purchased the… Continue Reading
In re Spratling, No. 06-40614, 2007 WL 3102154 (Bankr. M.D. Ga. October 19, 2007). Following up on the case of Graupner v. Nuvell Credit Corp., Case No. 4:07-CV-37, 2007 U.S. Dist. LEXIS 46144 (M.D. Ga. June 26, 2007), where the Court held that a security interest still qualified as a purchase money security interest even though it included… Continue Reading
In re Beasley, Case No. 07-40280, 2007 WL 2986124 (Bankr. M.D. Ga. October 9, 2007). The issue was whether a Chapter 13 debtor could bifurcate a secured claim into secured and unsecured portions pursuant to §506 of the Code, pursuant to the "hanging paragraph" of §1325. Ironically, the "new" (now 2 year old) law provides… Continue Reading
Graupner v. Nuvell Credit Corp., Case No. 4:07-CV-37, 2007 U.S. Dist. LEXIS 46144 (M.D. Ga. June 26, 2007) (Land). The issue presented by this appeal is whether the "cramdown" provisions of § 506 of the Bankruptcy Code apply under the facts of this case. The resolution of this issue depends solely upon whether the Creditor… Continue Reading
Douglas v. Educational Credit Management Corp. and United States of America, Adv. Nos. 05-7021, 05-7022, 2007 Bankr. LEXIS 928 (March 14, 2007)(Laney). In a lengthy and detailed opinion and analysis, the Court found that the debtor was entitled to a discharge of her student loan obligations. The debtor and her son lived on a spartan… Continue Reading
By: Scott B. Riddle, Esq. Tidwell, Ch. 7 Trustee of Amron Technologies, Inc., v. Legrand, et al., Adv. No. 06-5081, 2007 Bankr. LEXIS 1028 (Bankr. M.D. Ga. March 22, 2007) (Walker). Several parties loaned money to the debtor, memorialized by a single promissory note. Each defendant contributed a different amount to the amount loaned via… Continue Reading
General Produce, Inc. v. Tucker, Case No. 06-50092, 2007 Bankr. LEXIS 1322 (Bankr. M.D. Ga. April 10, 2007)(Walker). Debtor was the president and primary shareholder of a business that sold produce purchased from the plaintiff. All transactions were covered by the Perishable Agricultural Commodities Act ("PACA"). Debtor’s company sold the produce, but did not submit… Continue Reading
By: Scott B. Riddle, Esq. Flatau v. The Walman Optical Co. (In re Werner), Adv. No. 06-5101, 2007 Bankr. LEXIS 975 (Bankr. M.D. Ga. March 22, 2007)(Walker). Within 90 days of the filing of his Chapter 7 petition, the debtor used his credit card to pay $4,000 to the defendant optical company. The payment satisfied an obligation… Continue Reading
By: Scott B. Riddle, Esq. In re Dillard, Ch. 13 Case No. 06-30939, 2007 Bankr. LEXIS 394 (Bankr. M.D. Ga. February 7, 2007)(Hershner). Hours before the debtor filed her Bankruptcy petition (without getting counseling), the lender conducted a foreclosure sale. The property was purchased by the lender, who "bid in" the loan amount. Debtor’s case… Continue Reading
By: Scott B. Riddle, Esq. In In re Adams, Ch. 13 Case No. 06-51651, 2007 Bankr. LEXIS 616 (Bankr. M.D. Ga. March 1, 2007)(Hershner), the debtor husband purchased a new vehicle within 910 days of the filing of his Chapter 13 petition. In his plan, Debtor proposed to bifurcate the secured lender’s claim into secured… Continue Reading
By: Scott B. Riddle, Esq. In In re Adams, Ch. 13 Case No. 06-51651, 2007 Bankr. LEXIS 616 (Bankr. M.D. Ga. March 1, 2007)(Hershner), the debtor husband purchased a new vehicle within 910 days of the filing of his Chapter 13 petition. In his plan, Debtor proposed to bifurcate the secured lender’s claim into secured… Continue Reading
By: Scott B. Riddle, Esq. Rob Matson, who represented the debtor, was kind enough to send a copy of Judge Hershner’s opinion in In re Bivens, Case No. 06-51778 RFH (M.D. Ga., February 23, 2007). Judge Hershner, contrary to Judges Massey, Bonapfel and Diehl in the Northern District, held that the surrender of a vehicle constitutes… Continue Reading
By Scott B. Riddle, Esq. In In re Firstline Corp., 2007 Bankr. LEXIS 286 (Bankr. M.D. Ga. January 25, 2007)(J. Walker), the Chapter 11 plan proposed by the Chapter 11 Trustee included the following provision, applicable to the Debtor, the Trustee, the Committee, the Committee’s individual members acting in their capacity as members of the… Continue Reading
By: Scott B. Riddle, Esq. In re Howard, 351 B.R. 251, Adv. No. 05-5160, 2006 Bankr. LEXIS 2319 (Bankr. M.D. Ga. September 21, 2006)(Hershner). Prior to the filing of the debtor’s Bankruptcy petition, a foreclosure sale was conducted on debtor’s residence. The purchaser was the high bidder, and arranged to meet the lender’s attorney at… Continue Reading
In In re West, Ch. 7 Case No. 05-32033, 2006 Bankr. LEXIS 2440 (Bankr. M.D. Ga. October 2, 2006) (Hershner), the debtors filed a Chapter 7 petition. Creditors subsequently alleged that the debtors’ schedules and statement of financial affairs were inaccurate and failed to list significant assets, and filed a dischargeability action under §523 and… Continue Reading
Moore v. Fred’s Stores of Tennessee, Inc., No. 4:05-CV-133, 2006 WL 2374768 (M.D. Ga. August 16, 2006) Prior to filing his bankruptcy petition, Debtor filed a lawsuit against the Debtor for violations of the Fair Labor Standards Act. While the action was pending, Debtor filed his Chapter 7 (Case No. 06-40115 (Bankr. M.D.Ga.), but failed to… Continue Reading
Hall v. Jackson, Adv. No. 05-5170, 2006 WL 2457847 (Bankr. M.D. Ga. August 23, 2006)(Hershner). Prior to the Debtor’s bankruptcy filing in September 2005, she had borrowed significant funds via personal loans from the Plaintiff (Debtor’s sister) and through the use of Plaintiff’s credit cards with permission. Debtor continuously promised to pay Plaintiff back, and… Continue Reading
In In re Murray, No. 05-48017, 2006 WL 2457851 (Bankr. M.D.Ga. August 22, 2006), the debtor owner of a "910 vehicle," argued (1) that the creditor did not qualify for secured treatment under §1325(a)* because part of its claim included an extended warranty, document fee and title fee, in addition to the "price" of the… Continue Reading
In re Bonner, No. 06-50472, 2006 Bankr. LEXIS 1497 (Bankr. M.D. Ga. July 19, 2006) (Hershner). Debtor entered into a pre-petition closed-end lease for a used 1997 Cadillac. The lease provided for a set number of payments (36), with an option to purchase for $1,962.50 at the end of the lease. The debtor’s Chapter 13… Continue Reading
