By Scott Riddle Posted in Northern District CasesIn In re Anzo, Ch. 7 Case No. 14-22766-jrs, 2017 WL 432787 (Bankr. N.D. Ga. January 30, 2017) (click here for .pdf of opinion), the debtor had been granted a discharge on September 29, 2015 and the case was closed on the same date. Almost a year later, on September 27, 2016 (two days prior… Continue Reading
By Scott Riddle Posted in Eleventh Circuit Cases,Miscellaneous CasesIn the last couple of years, claims against creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA) have become a hot item in Bankruptcy Courts. One such question is whether the filing of a proof of claim for a stale debt (i.e., one that has become unenforceable pursuant to the applicable statute… Continue Reading
By Posted in Miscellaneous CasesBy: Scott B. Riddle, Esq. This opinion could by very important in Chapter 11 (or 13) cases that are nearing their two-year anniversary and in danger of conversion. In Singer, Trustee v. Franklin Boxboard Co. (In re American Pad & Paper, Co.), No. 05-1379, 2007 Bankr. LEXIS 4792 (3rd Cir. March 2, 2006), the Chapter 11 Order… Continue Reading