Northern District Cases

In Case of First Impression in Eleventh Circuit, Bankruptcy Court Holds That Overpayment of Domestic Support Obligation Is Entitled to Priority Status

10/30/12

In a case of first impression in the Northern District of Georgia, and perhaps the Eleventh Circuit, the Court held that a claim for the overpayment of a domestic support obligation was entitled to priority status under 11 USC § 507(a)(1)(A). 

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The Importance of Proper Planning: Partnership & Trust Assets of Deceased Spouse Become Property of Bankruptcy Estate

10/26/12

A recent opinion involves the convergence of a family partnership, will and probate estate, trust and Bankruptcy estate and highlights the need for appropriate planning and quality legal advice for each step in order to avoid a negative result years down the road.

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Bankruptcy Trustee Of Swoozie's Sues Founder & CEO For Breach Of Fiduciary Duty & Corporate Waste

10/20/12

Previous articles have discussed the fiduciary duties of officers and directors of companies in financial trouble (see articles here and here).

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Chapter 7 Bankruptcy Trustee Files Second Lawsuit Related To Raving Brands Principals And Affiliates

08/27/12

A second lawsuit has been filed in the Chapter 7 cases related to Raving Brands and its owners, officers and affiliated companies.  The first adversary proceeding was filed last week in the Chapter 7 case In re Raving Brands, Inc., Ch. 7 Case No. 09-68410.

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Bankruptcy Trustee Of Raving Brands, Inc. (Moe's, Doc Greens, Flying Biscuit, Monkey Joe's) Files Suit Against Former Owners, Officers And Related Entities, Alleges Fraud, Deception and Breach Of Fiduciary Duties

08/21/12

The Chapter 7 Trustee of Raving Brands, Inc.  filed on August 16, 2012 an adversary proceeding against several former owners, officers and directors of the Debtor, as well as several affiliated companies, alleging, inter alia, that the parties engaged in a widespread effort to deceive the public, its franchisees, the press, courts and its creditors.

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Bankruptcy Trustee Of Raving Brands, Inc. (Moe's, Doc Greens, Flying Biscuit, Monly Joe's) Files Suit Against Former Owners, Officers And Related Entities, Alleges Fraud, Deception and Breach Of Fiducuary Duties

08/21/12

The Chapter 7 Trustee of Raving Brands, Inc.  filed on August 16, 2012 an adversary proceeding against several former owners, officers and directors of the Debtor, as well as several affiliated companies, alleging, inter alia, that the parties engaged in a widespread effort to deceive the public, its franchisees, the press, courts and its creditors.

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ND Ga - Judge Drake Holds Bank Had Prepetition Right To Setoff Even In Absence of Formal Demand Or Default

08/20/12

In re MCB Financial Group, Inc., Case No. 10-11176-WHD, 2011 Bankr. LEXIS 5502 (Bankr. N.D. Ga. March 31, 2011) (click here for .pdf of order)

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Allied Systems Holdings Files Another Chapter 11 Petition...One Week After Prior Chapter 11 Ends.

06/11/12

Allied Holdings, Inc. and related entities , based in Decatur, Georgia, filed Chapter 11 petitions in the Northern District of Georgia on  July 31, 2005 (Ch. 11 Case No.

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11th Circuit - Debtors Can Strip Wholly Unsecured Second Lien In Chapter 7 Case

06/04/12

In McNeal v. GMAC Mortgage, LLC, et al, No. 11-11352 (11th Cir. May 11, 2012) (click here for .pdf) the issue before the Court was whether a debtor in a Chapter 7 case can strip a second priority, unsecured lien from her residence.  At least in the Eleventh Circuit, a debtor can strip the unsecured second lien.

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