News and Comments

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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Bankruptcy Court Finds Former UGA Football Coach Jim Donnan Did Not Knowingly Participate In Ponzi Scheme

08/02/13

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. No. 11-3088, 2013 Bankr. LEXIS 3110 (Bankr. M.D. Ga.

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Several Popular Local Restaurants, Including Garrison’s, Einstein’s and Joe’s on Juniper, File Chapter 11 Petitions After Large Judgment Entered

06/16/13

Several popular restaurants in metro Atlanta filed Chapter 11 petitions in the Northern District of Georgia on June 13, 2013 after a $2.14 million judgment was entered in Cobb County Superior Court.  The entities filing include:

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To Increase Chances Of Getting Your Chapter 13 Plan Confirmed, Add An Apology

02/16/13

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:

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To Increase Chances Of Getting Your Chapter 13 Plan Confirmed, Add An Apology

02/16/13

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:

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10th Annual Emory Bankruptcy Developments Journal Symposium - February 28, 2013.

02/06/13

Symposium Schedule - February 28, 2013

8:00 am – 8:50 am
Registration and Breakfast

8:50 am - 9:00 am
Introduction

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Article on Receiverships: "Avoiding A Nightmare" By Greg Hays

12/16/12

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 described in the introduction: 

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Bankruptcy Trustee Of Swoozie's Sues Founder & CEO For Breach Of Fiduciary Duty & Corporate Waste

10/20/12

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

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