GeorgiaBankruptcyBlog

The Emergency in Haiti: Can You Help?

10/23/10

I rarely go off-topic in this Blog, and have not used it to promote personal causes, but I am compelled to add this note about Haiti. 

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Atlanta Bar Bankruptcy Section Meet & Greet Happy Hour

10/02/10

 Wednesday, October 6, 2010 - 5:30 pm 

texas margaritaMeet and greet Judge Wendy Hageanu, recently appointed Bankruptcy Judge for N.D. GA. and toast the 5th anniversary of surviving BAPCPA.

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The Chapter 7 Bankruptcy Filing Of American Shingle & SIding, Inc.

09/05/10

The local and national news has picked up on the Chapter 7 Bankruptcy filing of American Shingle & Siding, Inc.  The case was filed on September 2, 2010, as Chapter 7 Case No. 10-85541-MGD (click here for the petition).  The schedules were not filed with the petition, but the petition indicates that the company had assets between $1-10 million, and claims of $10-50 million.

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Northern District Bankruptcy Judges Rule On Deed Attestation Issues

08/07/10

Two recent bankruptcy cases involved the application of Georgia law on deed attestation.  In both cases, the trustee was attempting to set the lien pursuant to section 544 of the Bankruptcy Code.

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Milavetz: U.S. Supreme Court To Bankruptcy Lawyers -- You Are Debt Relief Agencies

03/08/10

 Milavetz, Gallop & Milavetz, P.A. v. United States, No. 08-1119 (March 9, 2010) (click here for opinion). The majority opinion was written by Justice Sotomayor.   Justices Scalia and Thomas filed opinions concurring in part in the opinion, and the judgment.

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11th Circuit Confirms That Potential Claims And Lawsuits Must Be Diclosed Or A Debtor Will Be Judicially Estopped From Pursuing Them.

02/28/10

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 13 case and even where the Debtor proposed to pay, and in fact did pay, all claims in full through a Chapter 13 plan.

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