From our neighbors to the west in Alabama, the issue before the Court in In re Atchison, 557 B.R. 818 (Bankr. M.D. Ala. 2016) was whether a debtor can modify the secured claim of a lender where the security is
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 6
Section 362(c)(3) Expiration of Automatic Stay For Repeat Filings: What Does It Cover?
By Scott Riddle
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), as the name implies, included several amendments to the Bankruptcy Code that were intended to curb alleged “abuses” of the Code and Bankruptcy system. One of the…
Judge Bonapfel: Above-Median Chapter 13 Debtor Can Deduct Title Pawn Or Non-Purchase Money Debt As Vehicle Ownership Costs In Calculating Disposable Income
By Scott Riddle
In In re Feagan, 549 B.R. 811, Ch. 13 Case No. 15-40823 (Bankr. N.D. Ga. April 8, 2016) (click here for .pdf of opinion), the issue before Judge Bonapfel was “whether an ‘above-median’ Chapter 13 debtor with…
Massachusetts Supreme Court: Black Males May Be Justified In Fleeing From Police
By Scott Riddle
No, you have not accidentally stumbled upon the Georgia Criminal Law Blog, and I am not going to change my practice area just yet (though on the slow days I often think about it). I happen to come across this…
Denial Of Chapter 13 Discharge for Potential Future Debts.
By Scott Riddle
One hard and fast rule in Bankruptcy is that debts and claims are “set in stone” as of the petition date, or perhaps post-petition if added to the Chapter 13 plan. Bankruptcy Courts and Trustees do not normally police potential…
Balloon Payments Are Allowed In Chapter 13 Plans, Says Judge Carter In Middle District Of Georgia
By Scott Riddle
In In re Cochran, Ch. 13 Case No. 15-52314-aec, 2016 WL 4575557 (Bankr. M.D. Georgia, September 1, 2016), the primary issue was “whether a plan that calls for distributions in the form of monthly payments followed by a balloon payment…
What?!? Debtors Claim Fraudulent Conveyance For Benefit Of Daughter Was In Return For (Theoretical) Future Care, And They Won!
By Scott Riddle
This opinion just seems a little crazy on the surface. The short version of the facts — The debtors paid for their daughter’s college education to the tune of almost $65,000, and the Trustee filed suit against the school, Sacred…
Who Owns The Money In Joint Bank Accounts?
By Scott Riddle
Southern District of Georgia: Absolute Priority Rule Applies In Individual Chapter 11 Cases
By Scott Riddle
11th Circuit: District Court Must Use Federal Rules of Bankruptcy Procedure, Not Civil Procedure, When Trying Case “Arising Under” Title 11.
By Scott Riddle
In a published opinion entered on April 8, 2016, the Eleventh Circuit Court of Appeals held that District Courts are obliged to use and apply the Federal Rules of Bankruptcy Procedure rather than the Federal Rules of Civil Procedure when…
