Trustees

Another Atlanta Developer In Bankruptcy: Miles Properties And Related Entities File Chapter 11 Petitions In Northern District Of Georgia

Miles Properties, Inc., and several related entities, have filed Chapter 11 petitions in the Northern District of Georgia on January 8, 2010. The filing entities are listed below.  Miles is one of the largest developers and owners of apartment and condominium communities in the country, with its headquarters in Atlanta.  According to its website, it has 16 communities in Georgia and 36 total. 

9th Circuit Explains "Derived Quasi-Judicial Immunity" Protecting Trustees

Harris v. Wittman (In re Harris), ---- F. 3d ----, 2009 WL ------------- (9th Cir. Dec, 2009) Issue: Can the debtor here sue the trustee for breach of contract, that being a settlement contract approved by the court? Holding: No....

Bankruptcy Attorneys Should Not Overlook the Value of their Local Bankruptcy Court Website

Bankruptcy attorneys have several different types of resources at their disposal, including many different types of published volumes, software such as Bestcase to assist in the preparation of forms, and Westlaw or Lexis to resolve more complicated questions of statutory interpretation.  However, a wide variety of information is also typically available for free from the local bankruptcy court’s website.  I will use the Eastern District of Michigan (which covers Detroit, Bay City, and Flint) as an example, as it is where w

M.D. Ga. - Collateral Estoppel For Probate Court Judgment; Defalcation While Acting In Fiduciary Capacity

 RLI Ins. Co. v. Waters (In re Waters), Adv. No. 09-5014, 2009 Bankr. LEXIS 3865 (Bankr. M.D. Ga. Dec. 7, 2009) (J. Hershner). Debtor was the guardian of his minor son, who was injured in a car accident and received $15,522.74 in settlement proceeds.  Plaintiff was the issuer of a surety bond in the amount of $16,000 the probate case.

Georgia Personal Bankruptcies Rise In 2009

Carrie Teegardin of the Atlanta Journal published a story yesterday about the rising rate of personal bankruptcy cases in Georgia for 2009.  Click here for the story.  It certainly is not a surprise that the numbers are rising, given the significant drop-off after the 2005 amendments and the general state of the economy.  According to the statistics, Georgia is third in the nation in bankruptcies per household, with one case filed for every  50 households.  Only Nevada (one per 35 households) and Tennes

Use Caution When Presenting a Passport to Establish Identity at Your Meeting With the Bankruptcy Trustee

As I have previously discussed on the O’Connor, DeGrazia, Tamm & O’Connor website, Section 341 hearings (also known as meetings of the creditors or meetings with the trustee) are mandatory meetings of creditors and equity security holders held pursuant to 11 U.S.C.

Stress!

I do not know about you but I am completely and totally stressed!  Why?  My clients are stressed, my judges are stressed, my trustees are stressed, our nation in general is stressed, so I guess it is natural that I am stressed.  So why is there so much stress during the holidays?
Our society has driven [...]