Southern District Cases

Southern District of Georgia: Absolute Priority Rule Applies In Individual Chapter 11 Cases

07/06/16

ch 11After 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. 14-40219, 2016 WL 3583299 (Bankr. M.D.

[more]

Debtor’s Apparent Draining of Bank Accounts Days Before Filing Chapter 7 Petition Leads To Turnover Order And Objection To Discharge

08/24/13

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 the week before filing and got caught.  In addition, Debtor also requested, and initially received, approval for a waiver of her filing fee because she appeared destitute.  In re Ricks, Ch. 7 Case No. 13-60100, 2013 Bankr. LEXIS 3355 (Bankr. S.D. Ga.

[more]

Debtor’s Apparent Draining of Bank Accounts Days Before Filing Chapter 7 Petition Leads To Turnover Order And Objection To Discharge

08/24/13

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 the week before filing and got caught.  In addition, Debtor also requested, and initially received, approval for a waiver of her filing fee because she appeared destitute.  In re Ricks, Ch. 7 Case No. 13-60100, 2013 Bankr. LEXIS 3355 (Bankr. S.D. Ga.

[more]

Debtor Forfeited Vehicle Post-Petition By Not Redeeming Title Pawn Before Deadline

08/24/13

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 on a vehicle pursuant to 11 U.S.C.

[more]

There is no "Oops Defense" When Debtor Lies Or Misleads the Court In Schedules And Pleadings

02/24/13

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, one of the requirements of this fresh start is that a debtor must be completely honest in documents and pleadings filed in their Bankruptcy case.  This is a continuing obligation throughout the case, and debtors have a duty to make amendments as needed.  The consequences of not doing so may include the dismi

[more]

There is no “Oops Defense” When Debtor Lies Or Misleads the Court In Schedules And Pleadings

02/24/13

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, one of the requirements of this fresh start is that a debtor must be completely honest in documents and pleadings filed in their Bankruptcy case.  This is a continuing obligation throughout the case, and debtors have a duty to make amendments as needed.  The consequences of not doing so may include the dismissal o

[more]