In Jay Alix, as assignee of AlixPartners, LLP v. McKinsey & Co., Inc., 2022 WL 163800 (2nd Cir., January 19, 2022) (click here for .pdf), two major competitors in the niche market of Bankruptcy advising to estates with
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.
Latest from Georgia Bankruptcy Blog - Page 4
Roth IRA Is Exempt Under New Georgia Exemption Laws, 11th Circuit Says in Case of First Impression
By Scott Riddle
In In re Hoffman, 2022 WL 203415 (11th Cir. January 24, 2022) (click here for .pdf) the issue before the Court was whether Roth IRAs were exempt pursuant to 11 U.S.C. §541(c)(2) or O.C.G.A. § 44-13-100(a)(2)(E). This…
The Expansion of the Rooker-Feldman Doctrine is Over, and Far Fewer Cases Will Be Barred, says Eleventh Circuit Panel.
By Scott Riddle
Apologies in advance for the lengthy post and quotes, but my goal was to provide a meaningful summary of the change-of-course for the Eleventh Circuit and scaling back the application of the Rooker-Feldman Doctrine.
The Rooker-Feldman Doctrine, in general, is…
11th Circuit – Creditor Cannot Pursue Pre-Petition Fraudulent Transfer Claims Against Debtor for Non-Dischargeable Debt; Establishes Standard of Review for In re Jet Florida.
By Scott Riddle
In SuVicMon Development, Inc. v. Morrison, __ F.3d __, 2021 WL 1136546 (11th Cir. March 25, 2021) (click here for .pdf), the plaintiffs are three corporations that sued the Debtor for fraud and securities violations in state court.…
Second Circuit Court Of Appeals: “We Said What We Said” About Brunner Test And Student Loans
By Scott Riddle
In In re Tingling, __ F3d __, 2021 WL 922448 (2nd Cir. March 11, 2021) (click for .pdf), the Debtor filed an adversary proceeding seeking discharge of her student loans. The Bankruptcy Court determined that the debtor failed…
Eleventh Circuit Allows Individual Chapter 11 Debtor To Argue Appointment Of Trustee Violated Thirteenth Amendment
By Scott Riddle
In In re Breland, __ F.3d __ , 2021 WL 910657 (11th Cir., March 10, 2021) (click here for .pdf) the individual Debtor filed a voluntary Chapter 11 petition. After it was determined that he was transferring assets…
Georgia Bankruptcy Judge Paul Bonapfel Lowers Boom On Chapter 7 Trustee and Counsel Fees
By Scott Riddle
In what certainly will be one of most important and talked-about orders to come out of the Northern District of Georgia in some time, Judge Paul Bonapfel eviscerated a fee application filed by a Chapter 7 Trustee and counsel. The…
Why Are Large Chapter 11 Cases Dismissed, Leaving Small Creditors Out of Luck? Judge Bonapfel Explains.
By Scott Riddle
“It has been said that, in many bankruptcy cases, there are no good alternatives, only less bad ones. As financial realities in this case took hold, it became clear that, for most creditors, including the objectors, there were not even…
Small Business Reorganization After Covid-19 Pandemic: Better and Cheaper Options
By Scott Riddle
In a recent article the New York Times, citing a poll, rather pessimistically stated that more than 40% of the small businesses in the country could close permanently in the next six months because of the coronavirus pandemic. Hopefully this…
Bankruptcy and Reorganization for Small Businesses After Covid-19.
By Scott Riddle
If you own a small business you are most likely very concerned about making it through the next few months. Unfortunately, one of the inevitable consequences of the ongoing Covid-19 crisis is the increase in business closings – temporarily or…