Southern District Cases

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

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Judge Barrett in S.D. Ga. Holds That Chapter 11 Plan May Include Lump Sum Balloon Payment For Priority Tax Claim

02/07/13

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.

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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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