News Topic: GeorgiaBankruptcyBlog

Funds in joint bank accounts can generally be accessed by all account-holders — each of them can withdraw all of the money in the account regardless of who actually deposited the funds in the account.  This is often the reason for having a joint account.  ... Read full article

After a hearing on the approval of a disclosure statement, Judge Edward J. Coleman of the Middle District of Georgia ruled that the absolute priority rule and new value exception apply in individual Chapter 11 cases.  In re Rogers , Ch. 11 Case No. ... Read full article

In a published opinion entered on April 8, 2016, the Eleventh Circuit Court of Appeals held that District Courts are obliged to use and apply the Federal Rules of Bankruptcy Procedure rather than the Federal Rules o ... Read full article

The question of what constitutes a tax “return” for purposes of 11 U.S.C. §523(a)(1) has been the subject of conflicting Circuit Court cases the last several years. ... Read full article

The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the  Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers.  Not surprising ... Read full article

Did the Georgia Supreme Court effectively repeal the foreclosure confirmation statute by affirming the rights of lenders to include waivers in their standard loan documents for both borrowers and guarantors?  That appears to be the case.  In PNC ... Read full article

Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock? ... Read full article

“Believe it or not, the US Marshals Service in Houston is arresting people for not paying their outstanding federal student loans.”  So says Fox 26 Houston reporter Isiah Carey.  The problem is, this statement is absolutely false.  Paul Aker owed student ... Read full article

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

In In re Pete , Ch. 13 Case No. 15-63725-JRS, 2015 WL 8540438 (Bankr. N.D. Ga. Dec. ... Read full article

In In re Lawson , Ch. 13 Case No. ... Read full article

In a July 2015 case the Chapter 7 Trustee sold a house that was underwater with three liens, and received a carve-out from the lender that held the second and third liens.  The Debtors did not object to the sale, but to the Trustee’s Final Report because ... Read full article

In Howell v. U.S. Foods, Inc. , Ch. 7 Case No. 11-13160, Adv. Proc. No. 13-1054, 2014 Bankr. LEXIS 681 (Bankr. N.D. Ga. Feb. 5, 2014) ( click here for .pdf of Order ), the individual debtor owned and managed a restaurant incorporated as Bilbo’s Bar-B-Que, ... Read full article

In In re Brown , Ch. 13 Case No. 12-12316 , 2013 Bankr. LEXIS 3696 (Bankr. S.D. Ga. Sept. ... Read full article

In In re Mooney , Ch. 7 Case No. 13-10835, 503 B.R. 916, 2014 Bankr. LEXIS 29 (Bankr. M.D. Ga. January 3, 2014), the issue before the Court was whether a health savings account (“HSA”) is exempt. ... 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