GeorgiaBankruptcyBlog

Denial Of Chapter 13 Discharge for Potential Future Debts.

09/09/16

One hard and fast rule in Bankruptcy is that debts and claims are “set in stone” as of the petition date, or perhaps post-petition if added to the Chapter 13 plan.  Bankruptcy Courts and Trustees do not normally police potential debts that may come up later.  There are some exceptions to the general rule, and a Texas Bankruptcy Court addressed one of them recently.

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Who Owns The Money In Joint Bank Accounts?

08/03/16

bank accountFunds 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.  This can create a huge problem for the account holders when one of them i

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Southern District of Georgia: Absolute Priority Rule Applies In Individual Chapter 11 Cases

07/06/16

ch 11After 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. 14-40219, 2016 WL 3583299 (Bankr. M.D.

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11th Circuit: District Court Must Use Federal Rules of Bankruptcy Procedure, Not Civil Procedure, When Trying Case “Arising Under” Title 11.

04/11/16

BR RulesIn 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

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