By Scott Riddle Posted in Southern District CasesAfter a hearing on the approval of a disclosure statement, Judge Edward J. Coleman of the Middle District of Georgia ruled that the absolute priority rule and new value exception apply in individual Chapter 11 cases. In re Rogers, Ch. 11 Case No. 14-40219, 2016 WL 3583299 (Bankr. M.D. Ga June 24, 2016) (click here… Continue Reading
By Scott Riddle Posted in Southern District CasesIn the case of In re Conner, Ch. 7 Case No. 09-42532, 2013 Bankr. LEXIS 4481 (Bankr. S.D. Ga. October 25, 2013), the issue was whether the Debtors could reopen their Chapter 7 case about three years after it was closed in order to enter into a reaffirmation agreement with Wells Fargo Home Mortgage. Debtors… Continue Reading
By Scott Riddle Posted in Southern District CasesIn In re Brown, Ch. 13 Case No. 12-12316, 2013 Bankr. LEXIS 3696 (Bankr. S.D. Ga. Sept. 6, 2013), the Chapter 13 debtor deducted, on Line 57 of the Means Test, monthly student loan payments of $500 as a “deduction for special circumstances.” In her Chapter 13 plan, she proposed to make direct payments of… Continue Reading
By Scott Riddle Posted in Southern District CasesBankruptcy lawyers regularly caution debtors to avoid unusual financial transactions, including credit card charges, cash withdrawals, and the like, prior to filing their case. This is a case in which a pro se debtor withdrew several thousand dollars in the week before filing and got caught. In addition, Debtor also requested, and initially received, approval… Continue Reading
By Scott Riddle Posted in Southern District CasesIn In re Chastagner, Ch. 7 Case No. 12-11488, 2013 Bankr. LEXIS 3240,(Bankr. S.D. Ga. August 8, 2013) (click here for .pdf of opinion), Judge Barrett, in a thorough discussion of Georgia title pawn law, held that a Chapter 7 debtor cannot avoid a lien on a vehicle pursuant to 11 U.S.C. §522(f). Further, because… Continue Reading
By Scott Riddle Posted in Southern District CasesMany debtors arrive in Bankruptcy Court having committed missteps, or even misconduct, in their financial affairs and dealings with others. Even for these debtors, Bankruptcy is often an opportunity for them to get a "fresh start." However, one of the requirements of this fresh start is that a debtor must be completely honest in documents… Continue Reading
By Posted in Southern District CasesIt is common for Chapter 11 debtors to have significant tax claims. Under the Bankruptcy Code, tax claimants have priority status and must be paid in full, with interest, within sixty months of the petition date rather than the effective date of a plan. In In re Jerath Hospitality, LLC, 484 B.R. 245, 2012 Bankr.… Continue Reading
By Posted in News and Comments,Southern District CasesJim Donnan has more problems with the SEC, but this time it is the Securities and Exchange Commission and not the other football teams in the Southeastern Conference. Donnan, the football coach for the Georgia Bulldogs from 1996-2000 was sued by the SEC on August 16, 2012 and accused of actively participating in and promoting a multi-million… Continue Reading
By Posted in Southern District CasesSeraphin v. Morris Publ’g Group LLC (In re Morris Publ’g Group LLC), 2010 Bankr. LEXIS 488, Ch. 11 Case No. 10-10134 (Bankr. S.D. Ga. Feb. 9, 2010). Morris Publishing Group and 15 affiliates filed Chapter 11 petitions on January 19, 2010. The Debtors filed a prepackaged plan under which all classes were unimpaired. A group of… Continue Reading
By Posted in Southern District CasesSuntrust Bank v. Global One, L.L.C. (In re Global One, L.L.C), 411 B.R. 524 (Bankr. S.D. Ga. July 21, 2009). SunTrust sought relief from stay on the grounds that the value of the real property ($460,000) was far less than the amount of the secured claim ($548,159). "Debtor described the nature of its business as… Continue Reading
By Posted in Southern District CasesFrom Deal Watch Blog – TitleMax, one of the largest title-lending companies in the U.S. and a frequent advertiser on Atlanta television stations, filed for bankruptcy in Savannah on Monday...The bankruptcy filing was triggered by the maturity of a $165 million loan from Merrill Lynch Mortgage Capital Inc. and Fortress Investment Group LLC. Savannah-based TitleMax… Continue Reading
By Posted in Southern District Cases In re Molitor, — B.R. —-, 2008 WL 4155283 (Bkrtcy.S.D.Ga. Sep. 5, 2008) (J. Barrett). The first issue was whether the United States Trustee (“UST”) was required to file the § 704(b) presumption of abuse statement within 10 days of the “Commencement” or “conclusion” of the § 341 meeting of creditors. Debtor argues § 704(b)(1) requires the UST to… Continue Reading
By Posted in Middle District Cases,Southern District CasesIn 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
By Posted in Southern District Cases1By: Scott B. Riddle, Esq. In re Hainlen, Case No. 06-10678, 2007 Bankr. LEXIS 1041 (Bankr. S.D. Ga. March 26, 2006)(Barrett). Debtor’s father was a teacher, and had a retirement annuity with the Teachers Retirement System of Georgia. He designated his daughter, the debtor, as a beneficiary of 25% of the proceeds. Upon his death, the debtor… Continue Reading
By Posted in Southern District CasesIn re Edwards, Case No. 06-20145, 2007 Bankr. LEXIS 1738 (Bankr. S.D. Ga. April 5, 2007)(Dalis). Debtor converted her Chapter 13 case to a Chapter 7 case, and the clerk issued a Notice of Deficiency because the debtor had not filed her Means Test, Form B22A. However, debtor’s Form B22C (Chapter 13 Statement of Monthly Current… Continue Reading
By Posted in Southern District CasesBy: Scott B. Riddle, Esq. In re James, 2007 Bankr. LEXIS 152 (Bankr. S.D. Ga. January 17, 2007)(J. Barrett). Debtor filed her second case within a year, and filed a motion to continue the automatic stay beyond the thirty-day period of 11 U.S.C. §362(c)(3). The court denied the motion, as the debtor’s circumstances had not… Continue Reading
By Posted in Southern District CasesBy: Scott B. Riddle, Esq. In re Batten, 351 B.R. 256, 2006 Bankr. LEXIS 2524 (Bankr. S.D. Ga. September 29, 2006) (Dalis). Debtors filed a motion seeking authority to amend their schedules to reflect a tort claim that arose post-petition after the conversion from Chapter 13 to Chapter 7, and in the same month the… Continue Reading
By Posted in Southern District CasesDavid Rosendorf discusses the District Court’s ruling at the ABI BAPCPA Blog — Appeal of "Debt Relief Agency" Opinion Dismissed For Lack Of Standing.… Continue Reading
By Posted in Southern District CasesSoutheast Landco, LLC v. 150 Beachview Holdings, LLC, 2006 U.S. Dist. LEXIS 73098 (S.D. Ga. September 21, 2006) (Alaimo). A lawsuit was filed in federal court alleging breach of a real estate contract. The basis for federal jurisdiction, the plaintiff argued, was that an individual who had a leasehold interest in the real property** at… Continue Reading
By Scott Riddle Posted in Southern District Cases11 U.S.C. §§ 105, 362(c); Automatic Stay; Extension of Stay for Repeat Filer In re Whitaker, 2006 Bankr. LEXIS 796, Case No. 05-1416 (Bankr. S.D. Ga. April 20, 2006) (Dalis) Debtors filed a Chapter 13 petition after the effective date of the BAPCA. The filing was their second within a year, the first case having… Continue Reading
By Posted in Southern District Cases11 U.S.C. §§ 105, 362(c); Automatic Stay; Extension of Stay for Repeat Filer In re Whitaker, 2006 Bankr. LEXIS 796, Case No. 05-1416 (Bankr. S.D. Ga. April 20, 2006) (Dalis) Debtors filed a Chapter 13 petition after the effective date of the BAPCA. The filing was their second within a year, the first case having… Continue Reading
By Posted in Southern District Cases11 U.S.C. §§ 1307, 1328(f); Confirmation of Chapter 13 Plan; Discharge; Good Faith In re Lewis, 2005 Bankr. LEXIS 471, Case No. 05-14070, In re Tobias, 2005 Bankr. LEXIS 471, Case No. 14078 (Bankr. S.D. Ga. March 27, 2006)(Dalis) Debtors each filed Chapter 13 petitions and 100% plans, even though they were ineligible for a… Continue Reading
By Posted in Southern District Cases11 U.S.C. §§ 506, 1325; Secured Claims In re Brown, 2006 Bankr. LEXIS 476, Case No. 05-21764 (Bankr. S.D. Ga. March 27, 2006)(Dalis) Debtor purchased a personal vehicle within 910 days of filing a Chapter 13 petition, and the creditor filed a claim stating that the vehicle debt was 100% secured. The debtor proposed a… Continue Reading
