Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Category Archives: Middle District Cases

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MDGa – Debtor Not a “Buyer In The Ordinary Course” Where Purchase Price Was Satisfaction of Prior Debt to Transferor

O.C.G.A. §§ 11-1-201(9), 11-2-403(2); Buyer in the Ordinary Course First National Bank of South Georgia v. Ayers Aviation Holdings, Inc., 2006 Bankr. LEXIS 675, Adv. No. 01-1003 (Bankr. M.D. Ga. March 31, 2006)(Laney) The basic relevant facts of a case that is otherwise factually and procedurally complicated are as follows. Seller, which was in the… Continue Reading

MDGa – Debtor Who Defaulted on Contract For Deed Pre-petition Still Had Right to Modify Seller’s Claim

11 U.S.C. §541; Property of the Estate; Contract for Deed In re Beacham, 2006 Bankr. LEXIS 05-51927, Adv. No. 05-51927 (Bankr. M.D. Ga. February 17, 2006)(Hershner) Debtor entered into a pre-petition Contract for Deed providing that upon completion of payments and satisfaction of their obligation, the seller would convey title to the real property to… Continue Reading

MDGa. – Judge Declines to Rule on Whether Attorneys are “Debt Relief Agencies”

11 U.S.C. §101(12A); Debt Relief Agencies; Attorneys In re McCartney, 336 B.R. 588 (Bankr. M.D.Ga. January 12, 2006) (Hershner) Debtor’s counsel filed a Motion to Determine Attorney Status, seeking a determination that attorneys who practice before the court were no “debt relief agencies” under §101(12A) of the Code. Since no party has threatened to enforce… Continue Reading

MDGa – Local Rules Regarding Electronic Filing Not Enforced In Such a Manner to Cause Party to Lose Rights

Fed. R. Bankr. P. 4007(c), 9029(a); 11 U.S.C. 523; Timeliness of Dischargeability Complaint; Local Rules Askew v. Patel, 2006 U.S. Dist. LEXIS 5201, Case No. 4:05-CV-118 (M.D. Ga. January 30, 2006)(Land). Plaintiff filed a complaint to determine dischargeability against the debtor. The Local Rules in place at the time required that the complaint be filed… Continue Reading

MDGa – Claims of Sellers of Assets to Debtor Not Subject to Equitable Subordination

11 U.S.C. § 510; Equitable Subordination Westek Georgia, LLC v. Oglesbee, 332 B.R. 850, Adv. No. 04-5058 (Bankr. M.D.Ga. October 6, 2005)(Hershner) Defendants were the owners of the parent company of a manufacturing company. After the manufacturing company experienced financial difficulties, Debtor purchased substantially all of the assets of the company and assumed most of… Continue Reading