By Scott Riddle Posted in Eleventh Circuit CasesIn SuVicMon Development, Inc. v. Morrison, __ F.3d __, 2021 WL 1136546 (11th Cir. March 25, 2021) (click here for .pdf), the plaintiffs are three corporations that sued the Debtor for fraud and securities violations in state court. Plaintiffs subsequently amended the complaint to include fraudulent transfer claims against Debtor and his two sons. Debtor… Continue Reading
By Scott Riddle Posted in Northern District CasesThe Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), as the name implies, included several amendments to the Bankruptcy Code that were intended to curb alleged “abuses” of the Code and Bankruptcy system. One of the amendments was limiting or eliminating the protections of the automatic stay of §362(a) for repeat filings… Continue Reading
By Scott Riddle Posted in Northern District CasesIn Alley Cassetty Companies, Inc. v. Wren, No. 2:12-cv-196-WCO, 2013 U.S. Dist. LEXIS 11294 (N.D. Ga. July 22, 2013), the creditor, who had no notice of the Debtor’s Bankruptcy case, filed a collection suit against the Debtor in state court. After receiving notice of the pending Bankruptcy case, creditor’s counsel informed Debtor’s counsel they would… Continue Reading
By Posted in Middle District CasesBy: Scott B. Riddle, Esq. In re Howard, 351 B.R. 251, Adv. No. 05-5160, 2006 Bankr. LEXIS 2319 (Bankr. M.D. Ga. September 21, 2006)(Hershner). Prior to the filing of the debtor’s Bankruptcy petition, a foreclosure sale was conducted on debtor’s residence. The purchaser was the high bidder, and arranged to meet the lender’s attorney at… Continue Reading
