News Topic: GeorgiaBankruptcyBlog

In United Community Bank v. Harper (In re Harper) , Adv. Proc. No. 12-1080, 2013 Bankr. LEXIS 1080 (Bankr. N.D. Ga. ... Read full article

In a key decision in the Northern District of Georgia, Judge Hagenau has ruled that a secured creditor is only entitled to a secured claim, pursuant to § 506(b) , to the extent of its actual and reasonable fees rather than contractual and statutory fees ... Read full article

Many debtors arrive in Bankruptcy Court having committed missteps, or even misconduct, in their financial affairs and dealings with others.  Even for these debtors, Bankruptcy is often an opportunity for them to get a "fresh start."  However, ... Read full article

On February 18, 2013, the Georgia Supreme Court issued its opinion in Wells Fargo Bank. N.A. v. Gordon , No. S12Q2067, 2013 Ga. LEXIS 158 (Feb 18, 2013).  The case was certified to the Georgia Supreme Court by the Eleventh Circuit Court of Appeals in In ... Read full article

In an interesting opinion, Chief Judge Laney of the Middle District of Georgia held that a tort claim that "arose" well before a Chapter 7 filing but was not discovered by the debtor until well after discharge was property of the Chapter 7 case. ... Read full article

According to a new study by Robert Lawless and Jennifer Robbennolt (summarized in the Wall Street Journal ), Judges are more likely to approve a Chapter 13 plan that includes an apology.  From the Wall Street Journal article: ... Read full article

It is fairly well settled and well known that public and private student loans are nondischargeable pursuant to Section 523(a)(8) of the Bankruptcy Code, unless the debtor meets the high bar of showing "undue hardship."  This section states the ... Read full article

In In re Stanley , 2012 Bankr. LEXIS 6031 (Bankr. N.D. Ga. Nov. 8, 2012 ), the debtors certified that they tried to obtain credit counseling but were unable to complete it because they needed to file their Chapter 13 petition to stop a foreclosure the ... Read full article

It is common for Chapter 11 debtors to have significant tax claims.  Under the Bankruptcy Code, tax claimants have priority status and must be paid in full, with interest, within sixty months of the petition date rather than the effective date of a plan. ... Read full article

Symposium Schedule - February 28, 2013 8:00 am – 8:50 am Registration and Breakfast 8:50 am - 9:00 am Introduction ... Read full article

In In Re Higgs , Ch. 13 Case No. 12-76496-pwb, 2012 Bankr. LEXIS 6008 (Bankr. N.D. Ga. November 2, 2012) , the Movant purchased a foreclosed property from the lender after a foreclosure sale.  Movant proceeded to obtain a writ of possession in the ... Read full article

Chapter 13 cases, especially after 2005, are often a tightrope between being able to pay basic living expenses and contributing all disposable income to the plan.  Chapter 13 Trustees are often viewed as wanting to squeeze every penny from a debtor.  This ... Read full article

In In re Witcher ,  No. 11-15883 (11th Cir. December 13, 2012) ( click here for opinion ), the issue before the Court was... ... Read full article

Greg Hays of Atlanta-based Hays Financial Consulting published an article in the Fall 2012 issue of Receivership News , a publication of the California Receivers Forum . The subject and scope of the article, entitled "Avoiding a Nightmare," is ... Read full article

In a case of first impression in the Northern District of Georgia, and perhaps the Eleventh Circuit, the Court held that a claim for the overpayment of a domestic support obligation was entitled to priority status under 1 1 USC § 507(a)(1)(A) .  ... Read full article

A recent opinion involves the convergence of a family partnership, will and probate estate, trust and Bankruptcy estate and highlights the need for appropriate planning and quality legal advice for each step in order to avoid a negative result years down ... Read full article

Previous articles have discussed the fiduciary duties of officers and directors of companies in financial trouble (see articles here and here ). ... Read full article

A second lawsuit has been filed in the Chapter 7 cases related to Raving Brands and its owners, officers and affiliated companies.  The first adversary proceeding was filed last week in the Chapter 7 case In re Raving Brands, Inc ., Ch. 7 Case No. ... Read full article