Tag Archives: secured claim

The Trap of Merchant Cash Advances and Financing

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

When Does a Judgment Lien and FiFa Attach to Real Property in Georgia?

By Scott Riddle Posted in Georgia State Cases, Middle District Cases

In Georgia, does a judgment lien attach to real property as of the date the judgment was entered or as of the date and time the writ of fieri facias on that judgment is properly recorded in the county records, as required under Georgia law? The Supreme Court of Georgia answered this question in Synovus… Continue Reading

Judge Basier: Debtor May Redeem Real Property Sold At Tax Sale And Pay Redemption Amount Over Term Of Chapter 13 Plan.

By Scott Riddle Posted in Northern District Cases

In In re Jimerson, Ch. 13 Case No. 16-60838, 2017 WL 393675 (Bankr. N.D. Ga. January 26, 2017 (Basier, J.) (click here for .pdf of opinion), the debtor’s property had been sold at a tax sale for non-payment of Fulton County property taxes. The purchaser at the tax sale sent the appropriate Barment Notice providing… Continue Reading

Can A Secured Manufactured Home Loan Be Modified In Chapter 13? Yes, Says Alabama Court.

By Scott Riddle Posted in Miscellaneous Cases

From our neighbors to the west in Alabama, the issue before the Court in In re Atchison, 557 B.R. 818 (Bankr. M.D. Ala. 2016) was whether a debtor can modify the secured claim of a lender where the security is a manufactured home that serves as the debtor’s residence. Section 1322(b)(2) provides: “the plan may… Continue Reading

MD Ga – Vehicle Driven Primarily By Debtor’s Spouse Was Not “Aquired For Personal Use of Debtor,” And Hanging Paragraph Of §1325(a) Did Not Protect Creditor

By Posted in Middle District Cases

By: Scott B. Riddle, Esq. In In re Adams, Ch. 13 Case No. 06-51651, 2007 Bankr. LEXIS 616 (Bankr. M.D. Ga. March 1, 2007)(Hershner), the debtor husband purchased a new vehicle within 910 days of the filing of his Chapter 13 petition. In his plan, Debtor proposed to bifurcate the secured lender’s claim into secured… Continue Reading

MD Ga – Vehicle Driven Primarily By Debtor’s Spouse Was Not “Aquired For Personal Use of Debtor,” And Hanging Paragraph Of §1325(a) Did Not Protect Creditor

By Scott Riddle Posted in Middle District Cases