GeorgiaBankruptcyBlog

Chapter 13 cases, especially after 2005, are often a tightrope between being able to pay basic living expenses and contributing all disposable income to the plan.  Chapter 13 Trustees are often viewed as wanting to squeeze every penny from a debtor.  This case is an example of the posturing of the parties, and a victory for the debtor and her non-filing spouse.

Greg Hays of Atlanta-based Hays Financial Consulting published an article in the Fall 2012 issue of Receivership News, a publication of the California Receivers Forum. The subject and scope of the article, entitled "Avoiding a Nightmare," is described in the introduction: 

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.

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.

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.