News Topic: Southern District Cases
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Southern District of Georgia: Absolute Priority Rule Applies In Individual Chapter 11 Cases
After a hearing on the approval of a disclosure statement, Judge Edward J. Coleman of the Middle District of Georgia ruled that the absolute priority rule and new value exception apply in individual Chapter 11 cases. In re Rogers , Ch. 11 Case No. ... Read full article
Debtor’s Apparent Draining of Bank Accounts Days Before Filing Chapter 7 Petition Leads To Turnover Order And Objection To Discharge
Bankruptcy lawyers regularly caution debtors to avoid unusual financial transactions, including credit card charges, cash withdrawals, and the like, prior to filing their case. This is a case in which a pro se debtor withdrew several thousand dollars in ... Read full article
SD Ga – Debtors Cannot Reopen Ch. 7 Case To Enter Into Reaffirmation Agreement For Home Loan
In the case of In re Conner , Ch. 7 Case No. 09-42532, 2013 Bankr. LEXIS 4481 (Bankr. S.D. Ga. ... Read full article
Debtor Cannot Take Means Test Deduction For Student Loan Payments In Chapter 13, But May Pay Outside Plan With Interest, Says Southern District
In In re Brown , Ch. 13 Case No. 12-12316 , 2013 Bankr. LEXIS 3696 (Bankr. S.D. Ga. Sept. ... Read full article
SD Ga – Debtors Cannot Reopen Ch. 7 Case To Enter Into Reaffirmation Agreement For Home Loan
In the case of In re Conner , Ch. 7 Case No. 09-42532, 2013 Bankr. LEXIS 4481 (Bankr. S.D. Ga. ... Read full article
Debtor Cannot Take Means Test Deduction For Student Loan Payments In Chapter 13, But May Pay Outside Plan With Interest, Says Southern District
In In re Brown , Ch. 13 Case No. 12-12316 , 2013 Bankr. LEXIS 3696 (Bankr. S.D. Ga. Sept. ... Read full article
Debtor Forfeited Vehicle Post-Petition By Not Redeeming Title Pawn Before Deadline
In In re Chastagner , Ch. 7 Case No. 12-11488, 2013 Bankr. LEXIS 3240,(Bankr. S.D. Ga. August 8, 2013) ( click here for .pdf of opinion ), Judge Barrett, in a thorough discussion of Georgia title pawn law, held that a Chapter 7 debtor cannot avoid a lien ... Read full article
Debtor’s Apparent Draining of Bank Accounts Days Before Filing Chapter 7 Petition Leads To Turnover Order And Objection To Discharge
Bankruptcy lawyers regularly caution debtors to avoid unusual financial transactions, including credit card charges, cash withdrawals, and the like, prior to filing their case. This is a case in which a pro se debtor withdrew several thousand dollars in ... Read full article
There is no “Oops Defense” When Debtor Lies Or Misleads the Court In Schedules And Pleadings
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
There is no "Oops Defense" When Debtor Lies Or Misleads the Court In Schedules And Pleadings
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
Judge Barrett in S.D. Ga. Holds That Chapter 11 Plan May Include Lump Sum Balloon Payment For Priority Tax Claim
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
Former UGA Coach Jim Donnan Faces More Bankruptcy And Civil Fraud Problems
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 ... Read full article
Southern District of Georgia: Small Business Chapter 11 Plan Must Be Filed Within 300 Days; Deadline Cannot Be Extended Pursuant To Section 105.
In re Randi's, Inc ., Ch. 11 Case No. ... Read full article
Do "Activists" Have Standing To Object To A Chapter 11 Plan Of Newspaper Publisher?
Seraphin v. Morris Publ'g Group LLC (In re Morris Publ'g Group LLC), 2010 Bankr. LEXIS 488, Ch. 11 Case No. 10-10134 (Bankr. S.D. Ga. Feb. ... Read full article
