GeorgiaBankruptcyBlog

Chapter 13 Plan Binds Chapter 13 Trustee, Says Eleventh Circuit

09/29/13

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.

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Chapter 13 Plan Binds Chapter 13 Trustee, Says Eleventh Circuit

09/29/13

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.

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ND Ga – Equitable Tolling Does Not Apply To One Year Limitation For Revocation Of Discharge

09/29/13

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 about the Bankruptcy case about a year after it was closed and the debtor received her discharge.  They contacted the Trustee and the case was reopened more than a year after debtor’s discharge to administer the asset (the proceeds of the personal injury case settled by the Trustee).  The Judge questioned why we had not pursued revoc

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ND Ga – Equitable Tolling Does Not Apply To One Year Limitation For Revocation Of Discharge

09/29/13

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 about the Bankruptcy case about a year after it was closed and the debtor received her discharge.  They contacted the Trustee and the case was reopened more than a year after debtor’s discharge to administer the asset (the proceeds of the personal injury case settled by the Trustee).  The Judge questioned why we had not pursued revoc

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11th Circuit Finds Law Firm Did Not Ghostwrite Or Commit Fraud On Court By Assisting Debtor With Pro Se Petition

09/05/13

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.  This often happens when the client either does not have the money for fees or simply does not believe they need to pay the full fee for a lawyer.  Most reputable lawyers decline to act in this capacity.  In the Northern District of Georgia, which is one of the busiest districts in the country, scores of

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