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Section 523(a) Exceptions to Discharge Do Not Apply to Subchapter V Corporate Debtors
The Discharge Injunction – Violations and Damages
Obituary of Judge Walter Homer Drake, Jr.
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 ... Read full article
In Case of First Impression 11th Circuit Holds Debt of PACA Trustee Not Excepted From Discharge Pursuant to 11 U.S.C. §523(a)(4).
New Chapter 11 Filing Alert – Governors Gun Club Kennesaw, LLC
The Governors Gun Club of Kennesaw filed a Chapter 11 case in the Northern District of Georgia on August 17, 2022. Case No. 22-20787-jrs. The reason for the filing, as stated in pleadings filed with the Court – ... Read full article
In a Case of First Impression, 11th Circuit Rules “New Value” Can Be Both Preference Defense and Administrative Claim
In Auriga Polymers, Inc. v. PMCM2, LLC, as Liquidating Trustee , No. 20-14647, 2022 WL 2800195 (11th Cir. ... Read full article
Judge Bonapfel – When Are Educational Loans Business Debts For Purposes of Qualifying for Chapter 7?
11th Circuit Rules On The Georgia Real Property Remedial Statute – Who Is A “Subscribing Witness?”
District Court Upholds Georgia Bankruptcy Court’s Restrictions On Chapter 7 Trustee Attorneys’ Fees
In this lengthy post , we discuss Judge Paul Bonapfel’s 73-page Order in which he skewered the fee application of a Chapter 7 Trustee and effectively changed the way all judges in the Northern District of Georgia view fee applications for Trustees’ ... Read full article
Eleventh Circuit Addresses Deadlines to Appeal Order of District Court (when Acting as Bankruptcy Appellate Court) to Court of Appeals
In a relatively brief opinion, the Eleventh Circuit Court of Appeals ruled on the deadlines for appealing an order from the District Court (acting as an appellate court for a Bankruptcy Court Order) to the Court of Appeals. Appellants appealed a ... Read full article
When Does a Judgment Lien and FiFa Attach to Real Property in Georgia?
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 ... Read full article
Elite Bankruptcy Consulting Firms Battle It Out With Fraud and RICO Claims Related to Bankruptcy Disclosures and Lost Engagements
In Jay Alix, as assignee of AlixPartners, LLP v. ... Read full article
Roth IRA Is Exempt Under New Georgia Exemption Laws, 11th Circuit Says in Case of First Impression
The Expansion of the Rooker-Feldman Doctrine is Over, and Far Fewer Cases Will Be Barred, says Eleventh Circuit Panel.
Apologies in advance for the lengthy post and quotes, but my goal was to provide a meaningful summary of the change-of-course for the Eleventh Circuit and scaling back the application of the Rooker-Feldman Doctrine. ... Read full article
Can Debtor’s Counsel Also Represent A Non-Filing Spouse (Or Other Party) In A Rule 2004 Examination? Maybe.
This is an issue that comes up fairly often, although normally no objections are made for a Rule 2004 examination . As long as the lawyer is not obstructive, it is usually not worth the additional time and expense of filing an objection. In In re Craig ... Read full article
11th Circuit – Creditor Cannot Pursue Pre-Petition Fraudulent Transfer Claims Against Debtor for Non-Dischargeable Debt; Establishes Standard of Review for In re Jet Florida.
In SuVicMon Development, Inc. v. Morrison , __ F.3d __, 2021 WL 1136546 (11th Cir. March 25, 2021) ( click here for .pdf ), the plaintiffs are three corporations that sued the Debtor for fraud and securities violations in state court. ... Read full article
Second Circuit Court Of Appeals: “We Said What We Said” About Brunner Test And Student Loans
Eleventh Circuit Allows Individual Chapter 11 Debtor To Argue Appointment Of Trustee Violated Thirteenth Amendment