Georgia Bankruptcy Blog

Georgia Bankruptcy Blog

Tag Archives: Atlanta Bankruptcy Lawyer

Atlanta Business Chronicle: Bankrupt Developer Owes $131 Million

The Atlanta Business Chronicle has a front-page article, Bankrupt Home Developer Owes $131,000,000, about another real estate developer who is caught up in the real estate crash.  Stephen H. Macauley, president of The Macauley Companies Inc., has filed for personal bankruptcy, reporting debts of $131 million. In recent years Macauley has completed 32 communities with… Continue Reading

11th Circuit Holds Requirements Of Section 303(b) (Involuntary Bankruptcy) Are Jurisdictional — But It Doesn’t Like It.

 By: Scott B. Riddle, Esq. Trusted Net Media Holdings, LLC v. The Morrison Agency, Inc. (In re Trusted Net Media Holdings, LLC), No. 07-13429 (11th Cir. April 29, 2008) (click here for pdf of opinion).  The basic facts are the following – On April 20, 2002, Morrison, as a creditor, filed an involuntary bankruptcy petition… Continue Reading

Bankruptcy Trustee Sues Law Firm For $1.2 Billion For Client Taking Too Long To Go Into, Then Out Of, Bankruptcy

From Law.com – The 75-page complaint, filed Monday in Manhattan Supreme Court by trustee Richard Gray, alleges McDermott Will put off a much-needed Chapter 11 filing to facilitate self-dealing by two other members of the hospital group’s restructuring team. As a result of the delay, the trustee claims, Saint Vincent’s incurred greater operating losses, paid… Continue Reading

What Types Of Cases Does Scott Riddle Handle?

Like most lawyers, I am often asked what kinds of cases I generally handle.  Obviously, one of my practice areas is bankruptcy law, but I also receive questions about what specific types of bankruptcy matters I handle.  After a year and a half of publishing this Blog, I thought it time to describe my practice… Continue Reading

Foreclosures Hit Record High In Metro Atlanta

From the Atlanta Journal Constitution – A record number of metro Atlanta properties are scheduled to be auctioned on the courthouse steps next month, according to numbers released Tuesday by Equity Depot, an Alpharetta company that tallies foreclosures. … In the 13-county metro area, 7,335 properties are scheduled for courthouse auctions, Equity Depot said. The… Continue Reading

Georgia Court Of Appeals Upholds Expansive Scope Of Personal Jurisdiction

By: Scott B. Riddle, Esq. Vibratech, Inc. v. Frost, et al., 2008 WL 1704091 (Ga. App. March 27, 2008). Although this Georgia Court of Appeals opinion involves a bankruptcy issue, it is more important for the discussion and holding on personal jurisdiction.  This case indicates that a defendant can be hauled into Georgia Courts based on… Continue Reading

Delaware Bankruptcy Court Imposes Caremark Duty Of Care On Corporate Officers

Francis Pileggi, in this post, discusses the Delaware Bankruptcy Court’s opinion in the case of Miller v. McDonald (In re World Health Alternatives, Inc.),  2008 WL 1002035  ( Bankr., Del. April 9, 2008) (pdf opinion here). In this opinion on a motion to dismiss claims against an officer of a company, the Bankruptcy Court relied on decisions of the Delaware… Continue Reading

The Rumor Mill: Jefferson County, Alabama, Which Includes Birmingham, Might Be Largest U.S. Municipal Bankruptcy

From Bloomberg – April 11 (Bloomberg) — They’re talking more about Chapter 9 municipal bankruptcy in Jefferson County, Alabama, the home of the largest city in the state, Birmingham. Who can blame them? The county is now being whipsawed by an ill-thought-out debt policy and the collapse of the bond insurers. Credit-rating downgrades all around… Continue Reading

11th Cir: Trustee’s Abdndonment Of Cause Of Action Already Ruled Upon By Bankruptcy Court Did Not “Re-Vest” Plaintiffs With Ability To Re-Litigate Claims

By:Scott B. Riddle, Esq. Matthews, Wilson & Matthews, Inc. v. Capital City Bank, 2008 WL 901919, 07-15615 (April 4, 2008). MWM [Debtor] had trouble making loan payments, and ultimately filed for Chapter 7 bankruptcy. The bankruptcy trustee sought approval from the bankruptcy court to sell the Conyers property [owned by Debtor] and use the sale… Continue Reading

Recent Chapter 11 Filings In Northern District of Georgia

Recent cases filed in the Northern District over last two weeks — 08-40915-mgd Northstar Vinyl Products, LLC Filed: 03/28/2008 Entered: 03/28/2008 08-65697-jb Heritage Point Apartments Inc. Filed: 03/28/2008 Entered: 03/28/2008 08-10870-whd Larry H. Huffman Filed: 03/31/2008 Entered: 03/31/2008 08-40957-mgd Aldona Maria Urbantas-Stewart Filed: 03/31/2008 Entered: 03/31/2008 08-65876-mhm Mathis Partners, LLC Filed: 03/31/2008 Entered: 03/31/2008 08-66074-mhm GreenTree Estates, LLC Filed: 03/31/2008 Entered: 03/31/2008 08-66110-mhm Children’s Dental Care Center,… Continue Reading

Can Debtors Borrow Money To Redeem Secured Property?

Debtors in Chapter 7 generally have three ways to deal with secured debts — reaffirm the debt pursuant to §524, surrender the property to the lender, or "redeem" the property by paying the secured lender the value of the collateral. (For now, we’ll leave discussion of the ride-through for another occasion). It is common for… Continue Reading

Guide To Consumer Bankruptcy Cases In Georgia: Exemptions – What Can I Keep In a Bankruptcy Case?

Posted By: Scott B. Riddle, Esq. (Ph: 404-815-0164) Note: This is the next section in the Consumer Guide to Bankruptcy in Georgia, re-typed for the Blog.  Comments and questions welcome.                                   GUIDE TO CONSUMER BANKRUPTCY LAW IN GEORGIA I. Introduction II. Chapter 7 Cases III. Chapter 13 Cases IV.  Exemptions: What Can I keep? One of… Continue Reading