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Debtors Have to Show Up for 727 Trials: A Cautionary Tale
A recent Fifth Circuit opinion brought back memories of a case I was involved with as a young lawyer. The lesson to be learned is that debtors are required to appear for a hearing on a complaint objecting to discharge regardless of whether they have been ... Read full article
Camp Mystic illustrates That Insurance Can Be Property of the Estate
A motion to lift the automatic stay to allow a tort claimant to proceed against the debtor's insurance coverage is one of the simpler pleadings to file in bankruptcy. Because insurance involves a third party's obligation to defend a suit or pay ... Read full article
What Should I Discuss With My Bankruptcy Lawyer? Here Are A Few Things Beyond The Worksheets
Georgia’s New $50,000 Homestead Exemption (And Why It’s Really Worth More)
Supreme Court Rejects Fifth Circuit's Approach to Judicial Estoppel
The Fifth Circuit has long applied judicial estoppel aggressively when a debtor fails to list a cause of action. It once held (in a panel opinion overruled by the en banc court) that a trustee was bound by a debtor's failure to disclose assets. Reed ... Read full article
US Supreme Court Rules on Judicial Estoppel in Chapter 13 Bankruptcy Case
Is Trustee Required to Disclose Information Voluntarily Provided by a Creditor on a Confidential Basis?
11th Circuit and 2 Live Crew: Contingent Copyright Termination Rights Are Property of the Bankruptcy Estate, but Questions Remain
Georgia Homestead Exemption Increases to $50,000.00/$100,000.00 on July 1, 2026
US Supreme Court – “Reasonable Time” Requirement Applies to Rule 60(b) Motions to Vacate Void Judgments
11th Circuit: Equitable Tolling Still Does Not Apply To Deadline For §523 Discharge Complaints
Trustee Cannot Avoid Deed Because Every Letter Of the Notary’s Signature Was Not Fully Discernible
Manufactured Home Is Not “Motor Vehicle” So Cram Down Of Secured Loan In Chapter 13 Plan Is Not Prohibited By Hanging Paragraph of §1325(a)
11th Circuit – Damages for False Imprisonment are Nondischargeable as Willful and Malicious Injury
The Use of Trusts in Mortgage Loan Financing
Trusts are being used more often for financing mortgage loans, which can be an effective way to optimize asset management and minimize lender risk. Key Benefits of Using Trusts in Mortgage Loan Financing ... Read full article
Real Property Owned By Dissolved LLC Was Not Property Of Individual Member’s Bankruptcy Estate
In In re Kimball , Ch. 7 Case No. 24-11036-pmb, 667 B.R. 487 (Bankr. N.D. Ga. 2025) ( click here for pdf ) , the Lender foreclosed on commercial property owned by a limited liability company on August 6, 2024. ... Read full article
Judge Coleman – Vehicle Cannot Be Exempted as Tool of Trade
In In re Cady , Ch. 7 No. 24-41026-ejc, 2025 WL 1587266 (Bankr. S.D. Ga. June 4, 2025) the issue was whether the Debtor, a real estate agent, could claim an exemption in her vehicle as a tool of the trade. ... Read full article
Mediation in Consumer Bankruptcy Cases
TV lawyers are constantly heading into trial, sometimes after seeing the file for the first time that morning. On television, the clients never seem to worry about how they are going to pay their lawyers to go to trial. The reality is different in real ... Read full article
When Should A Corporation File Chapter 7?
When an individual files for Chapter 7 relief, the goal is to keep their exempt property and discharge their dischargable debts. A corporation does not receive either of these benefits in Chapter 7, meaning that it turns over all of its property to be ... Read full article