April 22, 2019

Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem

Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.

11th Circuit, Georgia, Georgia Northern District

March 21, 2019

Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments

A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.

11th Circuit, Georgia, Georgia Northern District

November 05, 2018

Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy

A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.

11th Circuit, Georgia, Georgia Northern District

June 07, 2018

Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake

Sympathy for a client won’t make up for counsel’s mistake.

11th Circuit, Georgia, Georgia Northern District

May 22, 2018

Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property

District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.

11th Circuit, Georgia, Georgia Northern District

March 01, 2018

Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing

Debtors aren’t required to turn over tax returns that don’t exist.

11th Circuit, Georgia, Georgia Northern District

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

11th Circuit, Georgia, Georgia Northern District

August 07, 2017

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

11th Circuit, Georgia, Georgia Northern District

May 02, 2017

Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation

One Georgia judge disagrees with another over a chapter 13 confirmation objection.

11th Circuit, Georgia, Georgia Northern District

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District