News Topic: GeorgiaBankruptcyBlog

Last week I was at a final hearing on fee applications on behalf of a Chapter 7 Trustee, in a case in which the debtor had failed to disclose a pre-petition personal injury case  pending in another state.  The defendants in that case ultimately founds out ... Read full article

In the case of In re Conner , Ch. 7 Case No. 09-42532, 2013 Bankr. LEXIS 4481 (Bankr. S.D. Ga. ... Read full article

In In re Cochran , Ch. 7 Case No. 13-43242, 2014 Bankr. LEXIS 1178 (Bankr. N.D. Ga. Feb. 10, 2014), the issue in the motion to avoid lien was whether funds paid into court pursuant to a Summons of Garnishment are property of the Bankruptcy estate after a ... 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 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),… Continue Reading ... 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

In In re Kulakowski , No. 12-15294, 2013 U.S. App. LEXIS 23110 (11th Cir. Nov. ... Read full article

In the case of In re Conner , Ch. 7 Case No. 09-42532, 2013 Bankr. LEXIS 4481 (Bankr. S.D. Ga. ... 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 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

Last week I was at a final hearing on fee applications on behalf of a Chapter 7 Trustee, in a case in which the debtor had failed to disclose a pre-petition personal injury case  pending in another state.  The defendants in that case ultimately founds out ... 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

Bankruptcy lawyers regularly caution debtors to avoid unusual financial transactions, including credit card charges, cash withdrawals, and the like, prior to filing their case.  This is a case in which a pro se debtor withdrew several thousand dollars in ... Read full article

In In re Chastagner , Ch. 7 Case No. 12-11488, 2013 Bankr. LEXIS 3240,(Bankr. S.D. Ga. August 8, 2013) ( click here for .pdf of opinion ), Judge Barrett, in a thorough discussion of Georgia title pawn law, held that a Chapter 7 debtor cannot avoid a lien ... Read full article

Creditors and other parties in Chapter 7 Bankruptcy cases filed in the Eleventh Circuit just got more ammunition from the Court of Appeals to seek dismissal of cases in which the debtor filed only to avoid a single, large debt, even in the absence of ... Read full article

In Alley Cassetty Companies, Inc. v. Wren, No. 2:12-cv-196-WCO, 2013 U.S. Dist. LEXIS 11294 (N.D. Ga. ... Read full article

In a significant victory for former Georgia football coach Jim Donnan, a Bankruptcy Judge has ruled that the evidence at trial did not support a finding that Donnan knowingly participated in a fraudulent Ponzi Scheme.  The case is Fennell v. Donnan, Adv. ... Read full article

In Mele v. Bank of America, et al., Adv. Proc. No. 12-5031, 486 B.R. 546, 2013 Bankr. LEXIS 455 (Bankr. N.D. Ga. January 8, 2013)(J. ... Read full article