Georgia | ABI

An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V

To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’

Court :

Georgia Northern District

Liquidating in Chapter 11 Won’t Stop an EEOC Suit for Employment Discrimination

Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.

Court :

Georgia Northern District

Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections

Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.

Court :

Georgia Northern District

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.

Court :

Georgia Southern District

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.

Court :

Georgia Northern District

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.

Court :

Georgia Northern District

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.

Court :

Georgia Northern District

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.

Court :

Georgia Southern District

Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake

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

Court :

Georgia Northern District

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.

Court :

Georgia Northern District

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