Georgia

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.

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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.

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

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

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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.

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Federal Judgment Rate Is Employed when Claims Are Paid in Full

Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).

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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.

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Georgia Southern District

Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes

Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.

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Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

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Georgia Middle District

Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender

Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.

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