News Topic: Middle District Cases
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Homestead Exemption: Double Exemption Available Where Debtor Does Not Have Sole Ownership Of Residence
US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned
Obituary of Judge Walter Homer Drake, Jr.
When Does a Judgment Lien and FiFa Attach to Real Property in Georgia?
In Georgia, does a judgment lien attach to real property as of the date the judgment was entered or as of the date and time the writ of fieri facias on that judgment is properly recorded in the county records, as required under Georgia law? The Supreme ... Read full article
Georgia Supreme Court And Eleventh Circuit Agree: Health Savings Accounts NOT Exempt In Georgia.
Balloon Payments Are Allowed In Chapter 13 Plans, Says Judge Carter In Middle District Of Georgia
Health Savings Account Not Exempt, Says Middle District Judge Walker
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
Health Savings Account Not Exempt, Says Middle District Judge Walker
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
Bankruptcy Court Finds Former UGA Football Coach Jim Donnan Did Not Knowingly Participate In Ponzi Scheme
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
Lender’s Security Interest In Cash Collateral Is Separate & Distinct From Security Interest In Land, Entitling Lender To Separate Adequate Protection For Cash Collateral
The issue before the District Court in Putnall v. SunTrust Bank, No. 5:12-cv-481, 2013 U.S. Dist. LEXIS 44187 (M.D. Ga. ... Read full article
Student Loan Discharge: Opinion Of Judge Walker of Middle District Of Georgia Illustrative Of “Certainty Of Hopelessness” Required For Discharge
The opinion of Judge Walker in the case of In re Williams (Williams v. American Education Service, et al,), 2013 Bankr. LEXIS 2050 , Adv. Proc. No. 12-5059 (Bankr. M.D. Ga. May 13, 2013) is a good example of the standard that must be met to discharge ... Read full article
Middle District Bankruptcy Court Approves Lien Stripping In Chapter 7 Case, Although Judge Disagreed With Precedent
In May 2012 the Eleventh Circuit entered its opinion in In re McNeal and seemingly approved the stripping of wholly unsecured second liens in Chapter 7 cases. Since this was an unpublished opinion of a panel (and non-binding), and contrary to authority ... Read full article
Tort Claim That Arose Before Chapter 7 Case Was Filed, But Not Discovered Until Long After Discharge, Was Property Of Bankruptcy Estate (M.D. Ga.)
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
Student Loan Discharge: Opinion Of Judge Walker of Middle District Of Georgia Illustrative Of "Certainty Of Hopelessness" Required For Discharge
The opinion of Judge Walker in the case of In re Williams (Williams v. American Education Service, et al, ), 2013 Bankr. LEXIS 2050 , Adv. Proc. No. 12-5059 (Bankr. M.D. Ga. May 13, 2013) is a good example of the standard that must be met to discharge ... Read full article
Middle District Bankruptcy Court Approves Lien Stripping In Chapter 7 Case, Although Judge Disagreed With Precedent
In May 2012 the Eleventh Circuit entered its opinion in In re McNeal and seemingly approved the stripping of wholly unsecured second liens in Chapter 7 cases. Since this was an unpublished opinion of a panel (and non-binding), and contrary to authority ... Read full article
Tort Claim That Arose Before Chapter 7 Case Was Filed, But Not Discovered Until Long After Discharge, Was Property Of Bankruptcy Estate (M.D. Ga.)
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