It seems like violations of the discharge injunction get much less publicity than violations of the automatic stay. Perhaps that is because by the time a discharge is entered the creditor has received the message. When there is a violation
Georgia Bankruptcy Blog
The Georgia Bankruptcy Blog, published by The Law Office of Scott B. Riddle, focuses on bankruptcy law and related litigation in Georgia. It covers topics such as Chapter 7, Chapter 11, Chapter 12, and Chapter 13 bankruptcy cases, including issues like discharge complaints, exemptions, cramdowns, and bankruptcy litigation. The blog also addresses business and commercial litigation, real estate and construction disputes, and legal interpretations of bankruptcy statutes and court rulings within the Eleventh Circuit and Georgia state law. It provides updates on case law, procedural rules, and practical implications for individuals and businesses involved in bankruptcy and related legal matters.
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The Trap of Merchant Cash Advances and Financing
By Scott Riddle
If you have a business, you have no doubt received advertisements for “merchant cash advances,” “merchant loans” or “merchant financing,” whether or not those specific terms are used. If in doubt, just do a search for those terms…
In Case of First Impression 11th Circuit Holds Debt of PACA Trustee Not Excepted From Discharge Pursuant to 11 U.S.C. §523(a)(4).
By Scott Riddle
In a case of first impression in the Eleventh Circuit, the Circuit Panel addressed the dischargeability of debts incurred by a produce buyer who is acting as a trustee under the Perishable Agricultural Commodities Act (“PACA”). In re Forrest, 2022…
New Chapter 11 Filing Alert – Governors Gun Club Kennesaw, LLC
By Scott Riddle
The Governors Gun Club of Kennesaw filed a Chapter 11 case in the Northern District of Georgia on August 17, 2022. Case No. 22-20787-jrs. The reason for the filing, as stated in pleadings filed with the Court –
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In a Case of First Impression, 11th Circuit Rules “New Value” Can Be Both Preference Defense and Administrative Claim
By Scott Riddle
In Auriga Polymers, Inc. v. PMCM2, LLC, as Liquidating Trustee, No. 20-14647, 2022 WL 2800195 (11th Cir. July 17, 2022) (click here for .pdf) the creditor, Auriga, received transfers of more than $2.2 million in the 90 days…
Judge Bonapfel – When Are Educational Loans Business Debts For Purposes of Qualifying for Chapter 7?
By Scott Riddle
In the case of In re Ruff, 2022 B.R. 1638964, Ch. 7 Case No. 20-68855-pwb (Bankr. N.D.Ga. March 31, 2022) (click here for .pdf) the issue was whether the educational loans owed by the Debtor were “consumer”…
11th Circuit Rules On The Georgia Real Property Remedial Statute – Who Is A “Subscribing Witness?”
By Scott Riddle
Once again, a Bankruptcy case leads to a key opinion in Georgia real estate law and, as often the case, the Chapter 7 Trustee prevails. In In re Lindstrom, 2022 WL 1041192 (11th Cir. April 7, 2022) (click here…
District Court Upholds Georgia Bankruptcy Court’s Restrictions On Chapter 7 Trustee Attorneys’ Fees
By Scott Riddle
[Updated – The Trustee has filed a Motion for Rehearing (click here for .pdf of motion). That Motion was denied on July 12, 2022 (click here for Order].
In this lengthy post, we discuss Judge…
When Does a Judgment Lien and FiFa Attach to Real Property in Georgia?
By Scott Riddle
In Georgia, does a judgment lien attach to real property as of the date the judgment was entered or as of the date and time the writ of fieri facias on that judgment is properly recorded in the county records,…