Northern District Cases

Creditor Forces Individual, Non-Consumer Debtor Into Chapter 11; Debtor's Claims Of Unconstitutional Involuntary Servitude And Unlawful Peonage Fail.

02/11/12

In In re Derrick Dewayne Gordon, Ch. 11 Case No. 11-62509, 2012 Bankr. LEXIS 2012 (Bankr. N.D. Ga. January 23, 2012)(Judge Wendy Hagenau) (click here for .pdf of 32 page opinion), the issues before the Court were: 1) Could a creditor of an individual Chapter 7 Debtor, with non-consumer debt, move to convert the case to Chapter 11 pursuant to 11 U.S.C.

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Facebook Files Discharge Complaint For Debtor's Alleged Unlawful Domain Name TypoSquatting

12/08/11

On December 5, 2011, Facebook, Inc. filed an adversary proceeding in the Northern District of Georgia seeking a determination that a debt arising from alleged "typosquatting" by the debtor should be excepted from the debtor's discharge.  The proceeding is Facebook, Inc. v. Souza, A.P. No. 11-05684 (N.D. Ga. filed December 5, 2011) (click here for .pdf copy of Complaint).

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Facebook Files Discharge Complaint For Debtor's Alleged Unlawful Domain Name TypoSquatting

12/08/11

On December 5, 2011, Facebook, Inc. filed an adversary proceeding in the Northern District of Georgia seeking a determination that a debt arising from alleged "typosquatting" by the debtor should be excepted from the debtor's discharge.  The proceeding is Facebook, Inc. v. Souza, A.P. No. 11-05684 (N.D. Ga. filed December 5, 2011) (click here for .pdf copy of Complaint).

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11th Circuit Affirms Availability Of "Value" Defense For Recipients Of Fraudulent Transfers Who Were Equity Holders Of Debtor

11/13/11

In Perkins v. Haines, et al, No. 10-10683 (11th Cir. October 27, 2011) (click here for .pdf of opinion), the 11th Circuit took a direct appeal of the Bankruptcy Court's order concerning the "value" defense in fraudulent transfer proceedings.

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11th Circuit Affirms Availability Of "Value" Defense For Recipients Of Fraudulent Transfers Who Were Equity Holders Of Debtor

11/13/11

In Perkins v. Haines, et al, No. 10-10683 (11th Cir. October 27, 2011) (click here for .pdf of opinion), the 11th Circuit took a direct appeal of the Bankruptcy Court's order concerning the "value" defense in fraudulent transfer proceedings.

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Cagle's Farms Files Chapter 11 Bankruptcy Petition In Georgia; Reclamation Claims Filed.

10/26/11

Cagle's Farms filed Chapter 11 Petitions in the Northern District of Georgia on October 19, 2011.  The related cases are In re Cagle's, Inc. (dba Integrated Poultry Company), Ch. 11 Case No. 11-80202 and In re Cagle's Farms, Inc., Ch. 11 Case No.

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Cagle's Farms Files Chapter 11 Bankruptcy Petition In Georgia; Reclamation Claims Filed.

10/26/11

Cagle's Farms filed Chapter 11 Petitions in the Northern District of Georgia on October 19, 2011.  The related cases are In re Cagle's, Inc. (dba Integrated Poultry Company), Ch. 11 Case No. 11-80202 and In re Cagle's Farms, Inc., Ch. 11 Case No.

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Supreme Court of Georgia Rules On Mortgage Attestation Question

05/27/11

In this prior post, I discussed a ruling by Judge Massey, wherein he ruled in favor of a Chapter 7 Trustee who sought to set aside a security deed that did not contain the appropriate signature of an unofficial witness. Gordon v. Wells Fargo, Adv. No. 08-6612, 430 B.R. 287 (December 10, 2009) (click here for the opinion). U.S. Bank (the successor-in-interest to Wells Fargo) appealed the decision to the District Court, which in turn certified the question to the Supreme Court of Georgia.

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Supreme Court of Georgia Rules On Mortgage Attestation Question

05/27/11

In this prior post, I discussed a ruling by Judge Massey, wherein he ruled in favor of a Chapter 7 Trustee who sought to set aside a security deed that did not contain the appropriate signature of an unofficial witness. Gordon v. Wells Fargo, Adv. No. 08-6612, 430 B.R. 287 (December 10, 2009) (click here for the opinion). U.S. Bank (the successor-in-interest to Wells Fargo) appealed the decision to the District Court, which in turn certified the question to the Supreme Court of Georgia.

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Lawsuits Being Flying Against Officers, Directors, Insiders And Professionals Of Failed Banks

02/26/11

The State of Georgia is among the national leaders in banks closed by state and federal agencies.  So far in 2011, six Georgia banks have been closed, with the latest two being Habersham Bank and Citizens Bank of Effingham.  Since late 2008, when the banking crisis hit, a total of fifty seven Georgia banks have been closed.  Friday afternoons have become a death watch in the Georgia banking industry, as closings are generally announced on Friday after

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