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
By Posted in Southern District Cases11 U.S.C. §§ 506, 1325; Secured Claims In re Carver, 2006 Bankr. LEXIS 327 (S.D. Ga. March 6, 2006) (Walker) Debtors filed a Chapter 13, listing a vehicle (purchased within 910 days of filing) with a current value of $14,500 and subject to a claim of $15,000. Debtors’ plan proposed to pay the entire $15,000… Continue Reading
By Posted in Southern District Cases11 U.S.C. §541; Property of the Estate; Judicial Estoppel Wooten v. Altahama Bank and Trust, 2005 U.S. Dist. LEXIS 36186, Case No. CV203-100 (S.D. Ga. October 4, 2005)(Alaimo) Plaintiff filed a complaint against former employees and others for numerous state law claims, including fraud and conversion, and civil RICO. The defendants moved for summary judgment… Continue Reading
By Posted in Southern District Cases11 U.S.C. §101(12A); Debt Relief Agencies; Attorneys In re Attorneys at Law and Debt Relief Agencies, 322 B.R. 66 (Bankr. S.D.Ga. October 17, 2006) (Davis) Although the language defining the term “debt relief agencies” in §101(12A) was broad enough to cover attorneys, the court held that members of the bar of the court, or attorneys… Continue Reading