News and Comments

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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Chapter 7 Bankruptcy Trustee Files Second Lawsuit Related To Raving Brands Principals And Affiliates

08/27/12

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. 09-68410.

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Bankruptcy Trustee Of Raving Brands, Inc. (Moe's, Doc Greens, Flying Biscuit, Monkey Joe's) Files Suit Against Former Owners, Officers And Related Entities, Alleges Fraud, Deception and Breach Of Fiduciary Duties

08/21/12

The Chapter 7 Trustee of Raving Brands, Inc.  filed on August 16, 2012 an adversary proceeding against several former owners, officers and directors of the Debtor, as well as several affiliated companies, alleging, inter alia, that the parties engaged in a widespread effort to deceive the public, its franchisees, the press, courts and its creditors.

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Bankruptcy Trustee Of Raving Brands, Inc. (Moe's, Doc Greens, Flying Biscuit, Monly Joe's) Files Suit Against Former Owners, Officers And Related Entities, Alleges Fraud, Deception and Breach Of Fiducuary Duties

08/21/12

The Chapter 7 Trustee of Raving Brands, Inc.  filed on August 16, 2012 an adversary proceeding against several former owners, officers and directors of the Debtor, as well as several affiliated companies, alleging, inter alia, that the parties engaged in a widespread effort to deceive the public, its franchisees, the press, courts and its creditors.

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Former UGA Coach Jim Donnan Faces More Bankruptcy And Civil Fraud Problems

08/17/12

Jim Donnan has more problems with the SEC, but this time it is the Securities and Exchange Commission and not the other football teams in the Southeastern Conference.  Donnan, the football coach for the Georgia Bulldogs from 1996-2000 was sued by the SEC on August 16, 2012 and accused of actively participating in and promoting a multi-million dollar Ponzi Scheme.  The case is Sec

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Bankruptcy Filings Are Down In Georgia And Nationwide

08/11/12

The latest statistics from the Northern District of Georgia Clerk's Office and Administrative Office show, not surprisingly, that filings are down. 

In the Northern District of Georgia, Chapter 7 and 13 filings are down significantly from January to June 2012, compared to the same time period in 2011.  The total cases filed year to date, from this chart from the Clerk's Office, are:   

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Reese v. Provident Funding: Georgia Court of Appeals Ruling Potentially Invalidates Thousands Of Foreclosures

08/02/12

In a case of first impression, the Georgia Court of Appeals has held that a foreclosure notice must identify both the secured lender and the "individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor."  Reese v.

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The Law Of Collateral Estoppel: Bankruptcy Proof Your Judgment

03/22/12

Bill Rothschild of Ogier, Rothschild, Rosenfeld & Ellis-Monroe, P.C., has an article in the current issue of Calendar Call, a publication of the General Practice and Trial Section of the State Bar of Georgia, entitled "Bankruptcy-Proofing Your Law Judgment: How Not to Try the Same Case Twice."  The article discusses steps litigators should take in non-bankrupt

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