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Georgia

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.

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.

Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake

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

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.

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.

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.

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.

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

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

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.

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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