GeorgiaBankruptcyBlog

11th Circuit Issues Important Opinion On What Constitutes A “Return” For Purposes Of Determining What Taxes Are Dischargeable Pursuant to §523(a)(1).

04/08/16

tax_returnThe 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.

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11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer

04/06/16

FDCPA2The 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

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Georgia Supreme Court: Foreclosure Confirmation Requirements Can be Waived By Borrowers And Guarantors

03/02/16

foreclosure bank ownedDid 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

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Bitcoin – Currency or Commodity For Purposes of §550 And Avoidance Actions? What About Claims?

02/29/16

bitcoin-logo-3d-1024x1024Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock?

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Arrested For Not Paying Student Loans? No – The Paul Aker Story Was Essentially Fabricated

02/17/16

akers“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 loans, and was apparently in default.  Paul Aker was sued for the student loan debt, and a j

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Filing Proof Of Claim For Time Barred Debt Violates FDCPA, Says Eleventh Circuit, But They Leave An Escape Hatch.

01/25/16

fdcpa1In 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

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Chapter 13 Debt Limits Apply Equally To Individual and Joint Cases, Says Judge Sacca

12/29/15

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

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