The Krystal Company files Chapter 11 Bankruptcy Petition in the Northern District of Georgia on January 19, 2020. Case No. 20-61065. The company is represented by King & Spalding. According to pleadings, the company owns 182 Krystal restaurant locations
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 5
Can Debtor’s Counsel Also Represent A Non-Filing Spouse (Or Other Party) In A Rule 2004 Examination? Maybe.
By Scott Riddle
This is an issue that comes up fairly often, although normally no objections are made for a Rule 2004 examination. As long as the lawyer is not obstructive, it is usually not worth the additional time and expense of…
N.D. Ga. – Judge Sacca Holds Interest Rate Paid Pursuant To 11 U.S.C. §726(a)(5) Is Federal Judgment Rate.
By Scott Riddle
It is the rare Chapter 7 case that ends up with sufficient estate assets to pay all claims in full, plus interest as required by 11 U.S.C. §726(a)(5). The question addressed by Judge Sacca in In re Robinson, Ch.…
11th Circuit Addresses Split Of Authority: Oral Statement Respecting Single Asset Falls Within Scope Of §523(a)(2)(A) Rather Than §523(a)(2)(A)
By Scott Riddle
In In re Appling (Appling v. Lamar, Archer & Cofrin, LLP), No. 16-11911, 2017 WL 603833 (11th Cir. February 15, 2017) (click here for .pdf), the Court addressed a question that has divided several other courts – Can…
Judge Basier: Debtor May Redeem Real Property Sold At Tax Sale And Pay Redemption Amount Over Term Of Chapter 13 Plan.
By Scott Riddle
In In re Jimerson, Ch. 13 Case No. 16-60838, 2017 WL 393675 (Bankr. N.D. Ga. January 26, 2017 (Basier, J.) (click here for .pdf of opinion), the debtor’s property had been sold at a tax sale for non-payment…
Fourth Circuit: Debtors Entitled To Full National And Local Standard Amount Of Expenses If They Incur An Expense In That Category.
By Scott Riddle
Our neighbors to the north recently had a key, debtor-friendly, decision in a Chapter 7 case regarding what expenses may be used in the means test calculations. In In re Jackson, 2017 WL 59011, Ch. 7 No. 16-1358 (4th…
Can Non-Citizens, “Undocumented Workers,” and “Illegal Aliens” File For Bankruptcy In The United States?
By Scott Riddle
Quite obviously, both immigration and the status of “undocumented” or “illegal” aliens currently in the United States is a hot topic now, and surely will be for a long time. One issue that shows up in Bankruptcy Courts, albeit rarely,…
One Year Time Period For §727(e) Revocation Of Discharge Cannot Be Extended Or Equitably Tolled.
By Scott Riddle
In In re Anzo, Ch. 7 Case No. 14-22766-jrs, 2017 WL 432787 (Bankr. N.D. Ga. January 30, 2017) (click here for .pdf of opinion), the debtor had been granted a discharge on September 29, 2015 and the case…
Georgia Supreme Court And Eleventh Circuit Agree: Health Savings Accounts NOT Exempt In Georgia.
By Scott Riddle
Health Savings Accounts were adopted by federal law in 2003, and allowed in Georgia in 2008. They have been a tremendous benefit to many families since that time. A simple explanation of a Health Savings Account (“HSA”), from Judge…
When Is A Discharge Proceeding For Student Loans Ripe In Chapter 13? Judge Bonapfel Answers.
By Scott Riddle
In In re Vines, Adv. Proc. No. 16-4045, 2017 WL 213806 (Bankr. N.D. Ga. January 18, 2017), the Chapter 13 debtor filed an adversary proceeding to discharge her student loan debt pursuant to 11 U.S.C. §523(a)(8). The lender, Educational…