On July 1, 2026 the Georgia Homestead Exemption increases from $21,500.00 to $50,000.00 for an individual debtor, or a double exemption of $100,000.00 if a non-filing spouse is also a co-owner. This is a dramatic increase for Georgia, and opens up Chapter 7 for many people who are facing bankruptcy and may otherwise have had… Continue Reading
A recent Order from our Bankruptcy Court highlights several important considerations when choosing a bankruptcy lawyer and planning your case. On June 26, 2026, Judge Sacca, joined by the other judges in the Northern District of Georgia, entered a 147-page Order permanently disbarring a lawyer and law firm from practicing in Bankruptcy Court. The Order… Continue Reading
In a case of first impression, the Eleventh Circuit addressed the intersection of Copyright Law and Bankruptcy Law, and whether an artist’s statutory copyright termination rights are property of the Bankruptcy Estate. Lil’ Joe Records, Inc. v. Mark Ross, Luther Campbell, et al., 2026 WL 1549151 (11th Cir. June 2, 2026) (click here for .pdf).… Continue Reading
If you are contemplating filing for Bankruptcy and own a home, you probably will want to consider waiting a few weeks. Georgia Governor Brian Kemp has signed House Bill HB 1024, which increases the Georgia Homestead Exemption from the current $21,500.00 to $50,000.00 effective July 1, 2026. If the residence is titled in the name… Continue Reading
I am straying off the strict topic of Bankruptcy law and into an area of general litigation and attorney ethics that has come up in one of my pending cases. When it is OK for a lawyer to pay, or offer to pay, a witness in a pending case? The common sense answer that probably… Continue Reading
It is expensive to stay in Bankruptcy. Last month a Brown Rudnick lawyer tried to increase his hourly rate from $1,000 per hour to $1,500 per hour. Chief Judge Laurie Selber Silverstein in Delaware rejected the increase, “saying that no client would approve such a steep fee hike in the middle of a case.” See… Continue Reading
I don’t typically post about new Chapter 11 filings unless there is something compelling about them, but almost 300 Chapter 11 cases for Lavie Care Centers and related entities filed on the same day qualifies as news here in the Northern District of Georgia. The Motion for Joint Administration alone is 49 pages, most of… Continue Reading
In a very detailed 91-page Order entered in the Northern District of Georgia- and adopted by all Judges in the District – Judge Sacca addressed serious concerns of the United States Trustee over the handling of a Chapter 13 case by the Debtor’s lawyer. The United States Trustee is also investigating several other cases with… Continue Reading
The Honorable Walter Homer Drake, Jr. November 21, 1932 – December 9, 2022. Retired United States Bankruptcy Judge Walter Homer Drake, Jr., 90, passed away Friday, December 9, 2022 at his home in Newnan. He was born November 21, 1932 in Colquitt, Georgia to the late Walter Homer Drake and Mary Lois Cowart Drake. In… Continue Reading
If you have a business, you have no doubt received advertisements for “merchant cash advances,” “merchant loans” or “merchant financing,” whether or not those specific terms are used. If in doubt, just do a search for those terms and you will get a couple pages of sponsored ads (but be warned the big brother of… Continue Reading
The Governors Gun Club of Kennesaw filed a Chapter 11 case in the Northern District of Georgia on August 17, 2022. Case No. 22-20787-jrs. The reason for the filing, as stated in pleadings filed with the Court – Like so many other small businesses, the Debtor suffered a series of setbacks at the hands of… Continue Reading
“It has been said that, in many bankruptcy cases, there are no good alternatives, only less bad ones. As financial realities in this case took hold, it became clear that, for most creditors, including the objectors, there were not even “less bad” alternatives. The Court is saddened that it can offer only an explanation for… Continue Reading
No, you have not accidentally stumbled upon the Georgia Criminal Law Blog, and I am not going to change my practice area just yet (though on the slow days I often think about it). I happen to come across this case today and thought it may be of interest, especially with the news we see… Continue Reading
Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock? (What is Bitcoin?). If a Trustee sues to avoid and recover a transfer of Bitcoin, is the claim amount for the value of the transfer at the time of the transfer, or increased (or decreased) value at… Continue Reading
“Believe it or not, the US Marshals Service in Houston is arresting people for not paying their outstanding federal student loans.” So says Fox 26 Houston reporter Isiah Carey. The problem is, this statement is absolutely false. Paul Aker owed student loans, and was apparently in default. Paul Aker was sued for the student loan… Continue Reading
In 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
Several popular restaurants in metro Atlanta filed Chapter 11 petitions in the Northern District of Georgia on June 13, 2013 after a $2.14 million judgment was entered in Cobb County Superior Court. The entities filing include: Vinings Dining, LLC (d/b/a Garrison’s Boiler & Tap), Ch. 11 Case No. 13-63089 (click here for Ch. 11 petition).… Continue Reading
According to a new study by Robert Lawless and Jennifer Robbennolt (summarized in the Wall Street Journal), Judges are more likely to approve a Chapter 13 plan that includes an apology. From the Wall Street Journal article: In the 29-page study, Lawless and colleague Jennifer Robbennolt said they told participating judges about the Millers, a fictional family… Continue Reading
Symposium Schedule – February 28, 2013 8:00 am – 8:50 am Registration and Breakfast 8:50 am – 9:00 am Introduction Dean Robert Schapiro, Emory University School of Law 9:00 am – 10:30 am Corporate Panel: Municipal Restructuring Moderator: Gary Marsh, McKenna Long & Aldridge LLP Patrick Darby, Partner, Bradley Arant Boult Cummings Mark Kaufman, Partner, McKenna… Continue Reading
Greg Hays of Atlanta-based Hays Financial Consulting published an article in the Fall 2012 issue of Receivership News, a publication of the California Receivers Forum. The subject and scope of the article, entitled "Avoiding a Nightmare," is described in the introduction: A properly structured receivership can provide a cost-effective, efficient, and flexible vehicle to protect… Continue Reading
Previous articles have discussed the fiduciary duties of officers and directors of companies in financial trouble (see articles here and here). In another adversary proceeding to hold owners, officers and directors responsible for the financial demise of their companies, the Chapter 7 Trustee of Swoozie’s has filed a Complaint against the founder and former CEO… Continue Reading
A second lawsuit has been filed in the Chapter 7 cases related to Raving Brands and its owners, officers and affiliated companies. The first adversary proceeding was filed last week in the Chapter 7 case In re Raving Brands, Inc., Ch. 7 Case No. 09-68410. The latest proceeding was filed in the related case, In… Continue Reading
Morris Brown College, a historically black college in Atlanta and part of the Atlanta University Center (which also includes Clark Atlanta University, Spelman College, Morehouse College and the Morehouse School of Medicine) filed a Chapter 11 petition in the Northern District of Georgia on August 25, 2012 to avoid a foreclosure of its property. The… Continue Reading
The Chapter 7 Trustee of Raving Brands, Inc. filed on August 16, 2012 an adversary proceeding against several former owners, officers and directors of the Debtor, as well as several affiliated companies, alleging, inter alia, that the parties engaged in a widespread effort to deceive the public, its franchisees, the press, courts and its creditors.… Continue Reading
