By Posted in Middle District CasesO.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
By Posted in Middle District Cases11 U.S.C. § 1325; Good Faith; Feasibility In re Roberts, 339 B.R. 807, Case No. 05-11325 (Bankr. M.D. Ga. March 17, 2006) The creditor objected to the debtor’s plan on the grounds that it was not proposed in good faith and it was not feasible. The creditor presented several instances where the debtor failed to… Continue Reading
By Posted in Middle District Cases11 U.S.C. §362, 541; Automatic Stay; Property of the Estate In re Geiger, 2006 Bankr. LEXIS 897, Case No. 05-54262 (Bankr. M.D. Ga. March 20, 2006) (Hershner) The secured creditor held a foreclosure sale of the debtor’s real property approximately one hour prior to the filing of the debtors Chapter 13 petition. The creditor was… Continue Reading
By Posted in Middle District Cases11 U.S.C. §§541, 544; Property of the Estate; Georgia RICO In re Stewart, 2006 U.S. Dist. LEXIS 11356, Case N0. 3:05-CV-41 (M.D. Ga. March 14, 2006)(Land) Prior to the debtor’s bankruptcy filing, the creditor filed a state court action against debtor and others based upon allegations that the debtor fraudulently transferred assets to family members.… Continue Reading
By Posted in Middle District Cases11 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
By Posted in Middle District Cases11 U.S.C. §§ 541, 548; Property of the Estate; Fraudulent Conveyance Webster v. Cape, 2006 Bank. LEXIS 185 (Bankr. M.D. Ga. February 10, 2006)(Hershner). Prior to the filing of his bankruptcy petition, the debtor’s mother died. Her will stated directed that the debtor could live in her home as long as he wanted, then the… Continue Reading
By Posted in Middle District Cases11 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
By Posted in Middle District CasesFed. 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
By Posted in Middle District Cases11 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