Can Debtor’s Counsel Also Represent a Non-Filing Spouse (or Other Party) in a Rule 2004 Examination? Maybe.

By | Georgia Bankruptcy Blog | February 24, 2017
conflict of interestThis is an issue that comes up fairly often, although normally no objections are made for a Rule 2004 examination.  As long as the lawyer is not obstructive, it is usually not worth the additional time and expense of filing an objection.  In In re Craig, Ch. View Full Post
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N.D. Ga. – Judge Sacca Holds Interest Rate Paid Pursuant to 11 U.S.C. §726(a)(5) is Federal Judgment Rate.

By | Georgia Bankruptcy Blog | February 24, 2017
interest-rates-1It is the rare Chapter 7 case that ends up with sufficient estate assets to pay all claims in full, plus interest as required by 11 U.S.C. §726(a)(5).  The question addressed by Judge Sacca in In re Robinson, Ch. 7 Case No. 15-51556, 2017 WL 713571 (Bankr. View Full Post
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11th Circuit Addresses Split of Authority: Oral Statement Respecting Single Asset Falls Within Scope of §523(a)(2)(a) Rather Than §523(a)(2)(a)

By | Georgia Bankruptcy Blog | February 16, 2017
11th Circuit Addresses Split of Authority: Oral Statement Respecting Single Asset Falls Within Scope of §523(a)(2)(a) Rather Than §523(a)(2)(a) financial statementIn In re Appling (Appling v. Lamar, Archer & Cofrin, LLP), No. 16-11911, 2017 WL 603833 (11th Cir. February 15, 2017) (click here for .pdf), the Court addressed a question that has divided several other courts – Can a statement about a single asset be a “statement respecting the debtor’s … financial condition” for purposes of 11 U.S.C. View Full Post
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Criminal Sentencing and the Problem of Free Will

Criminal Sentencing and the Problem of Free Will Criminal calendars may be handled slightly differently in every jurisdiction. But they have one thing in common. At some point in every case, the lawyers will argue about why a person did that he did. And a judge or jury will evaluate this question and make a decision about what to do in light of that decision. View Full Post
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