The question of what constitutes a tax “return” for purposes of 11 U.S.C. §523(a)(1) has been the subject of conflicting Circuit Court cases the last several years. The Eleventh Circuit Court of Appeals addressed the issue in In re
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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11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer
By Scott Riddle
The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers. Not surprisingly, the court ruled in favor of the consumer although…
Georgia Supreme Court: Foreclosure Confirmation Requirements Can be Waived By Borrowers And Guarantors
By Scott Riddle
Did the Georgia Supreme Court effectively repeal the foreclosure confirmation statute by affirming the rights of lenders to include waivers in their standard loan documents for both borrowers and guarantors? That appears to be the case. In PNC Bank, NA…
Bitcoin – Currency or Commodity For Purposes of §550 And Avoidance Actions? What About Claims?
By Scott Riddle
Bitcoin – currency, the equivalent of U.S. dollars, or a commodity more similar to a product or stock? (What is Bitcoin?). If a Trustee sues to avoid and recover a transfer of Bitcoin, is the claim amount for…
Arrested For Not Paying Student Loans? No – The Paul Aker Story Was Essentially Fabricated
By Scott Riddle
Filing Proof Of Claim For Time Barred Debt Violates FDCPA, Says Eleventh Circuit, But They Leave An Escape Hatch.
By Scott Riddle
In the last couple of years, claims against creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA) have become a hot item in Bankruptcy Courts. One such question is whether the filing of a proof of claim…
Chapter 13 Debt Limits Apply Equally To Individual and Joint Cases, Says Judge Sacca
By Scott Riddle
In In re Pete, Ch. 13 Case No. 15-63725-JRS, 2015 WL 8540438 (Bankr. N.D. Ga. Dec. 8, 2015), the debtor husband and wife filed a joint Chapter 13 case, disclosing a combined total of unsecured debt of more than $475,000. …
Agreement To Pay Mortgage On Prior Marital Home Is Not Nondischargeable Domestic Support Obligation
By Scott Riddle
In In re Lawson, Ch. 13 Case No. 13-73476-WLH (click here for .pdf of opinion) the issue was whether a settlement agreement between the Debtor and his former spouse, whereby the Debtor retained (via quit claim deed) the…
Debtors Cannot Claim Homestead Exemption In Carve-out Funds Recovered By Trustee.
By Scott Riddle
Judge Diehl: Undisbursed Funds Paid Into Court For Garnishment Are Property Of The Estate
By Scott Riddle
In In re Cochran, Ch. 7 Case No. 13-43242, 2014 Bankr. LEXIS 1178 (Bankr. N.D. Ga. Feb. 10, 2014), the issue in the motion to avoid lien was whether funds paid into court pursuant to a Summons of Garnishment are…