Assets Purchased with Exempt Social Security Benefits Are Not Themselves Exempt Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits. Read more about Assets Purchased with Exempt Social Security Benefits Are Not Themselves Exempt
Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments. Read more about Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property. Judge Name - Do not use it. John T. Laney, III Read more about Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
Georgia Court Differs with Circuit Opinions on PBGC Claim Calculation Court says circuit opinions on PBGC claims before Supreme Court’s Raleigh opinion are no longer good law. Judge Name - Do not use it. John S. Dalis Read more about Georgia Court Differs with Circuit Opinions on PBGC Claim Calculation
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment Try garnishment, not contempt, to collect support from a chapter 13 debtor. Judge Name - Do not use it. John S. Dalis Read more about Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt Georgia district judge confronts creditors who file claims based on stale debts. Judge Name - Do not use it. J. Randall Hall Read more about An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt