In 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 pr ... Read full article
It is not uncommon for Bankruptcy lawyers to get requests from individuals to just help them fill out the Bankruptcy paperwork, or act as the occasional sounding board behind the scenes, without actually representing the debtor in the Bankruptcy Court. ... Read full article
In In re Kulakowski , No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. ... Read full article
In the case of Hope v. Acorn Financial, Inc ., Case No. 12-10709, 2013 U.S. App. LEXIS 19661 (11th Cir. September 26, 2013) ( click here for .pdf of opinion ) the Court addressed whether 11 U.S.C. ... Read full article
In In re Kulakowski , No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. ... Read full article
In the case of Hope v. Acorn Financial, Inc ., Case No. 12-10709, 2013 U.S. App. LEXIS 19661 (11th Cir. September 26, 2013) ( click here for .pdf of opinion ) the Court addressed whether 11 U.S.C. ... Read full article
It is not uncommon for Bankruptcy lawyers to get requests from individuals to just help them fill out the Bankruptcy paperwork, or act as the occasional sounding board behind the scenes, without actually representing the debtor in the Bankruptcy Court. ... Read full article
Creditors and other parties in Chapter 7 Bankruptcy cases filed in the Eleventh Circuit just got more ammunition from the Court of Appeals to seek dismissal of cases in which the debtor filed only to avoid a single, large debt, even in the absence of ... Read full article
The Georgia Supreme Court recently answered certified questions from the Eleventh Circuit Court of Appeals regarding whether a single premium annuity was exempt in a Chapter 7 case, where the annuity was purchased a year before filing with $220,000 in ... Read full article
In National City Mortgage v. Gordon (In re Bennett), No. 12-13239, 2013 U.S. App. LEXIS 10765 (11th Cir. ... Read full article
On February 18, 2013, the Georgia Supreme Court issued its opinion in Wells Fargo Bank. N.A. v. Gordon , No. S12Q2067, 2013 Ga. LEXIS 158 (Feb 18, 2013). The case was certified to the Georgia Supreme Court by the Eleventh Circuit Court of Appeals in In ... Read full article
In In re Witcher , No. 11-15883 (11th Cir. December 13, 2012) ( click here for opinion ), the issue before the Court was... ... Read full article
Alderwood Group, Inc., et al v. Garcia, et al ., No. 10-14726 (11th Cir. May 30, 2012) ( click here for .pdf of opinion ). ... Read full article
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 ... Read full article
The Eleventh Circuit Court of Appeals has followed other courts (notably, the Fifth Circuit, as discussed here ) in affirming the right of a private employer to deny employment based upon the applicant's filing of a bankruptcy petition. ... Read full article
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 ... Read full article
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 ... Read full article
The Eleventh Circuit Court of Appeals has followed other courts (notably, the Fifth Circuit, as discussed here ) in affirming the right of a private employer to deny employment based upon the applicant's filing of a bankruptcy petition. ... Read full article
There have been several cases over the years dismissing lawsuits by Debtors who failed to list the claim as an asset in their Bankruptcy schedules. As the opinion below confirms, the same duty applies where the claim arose after the filing of a Chapter ... Read full article
