“Timing in Life Is Everything” – John Sculley -
Relying on a plain reading of Sections 1188 and 1189 of the Bankruptcy Code, Bankruptcy Judge Scott M. Grossman dismissed the Seven Stars bankruptcy case based on the debtor’s...more
Key takeaway – Georgia businesses should post the statutory notice at points of entry or on any receipt or proof of purchase....more
Is a debtor-in-possession (DIP) eligible to receive a Paycheck Protection Program (PPP) loan under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act)? Such a simple question. But, as is often the case,...more
On Friday, August 23, President Trump signed four bankruptcy bills into law:
H.R. 3311, the “Small Business Reorganization Act of 2019”, which adds a new Subchapter V to Chapter 11 of the Bankruptcy Code in order to...more
8/26/2019
/ Bankruptcy Code ,
Bankruptcy Reform ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Debt Relief ,
Department of Defense (DOD) ,
Disability Benefits ,
Farms ,
National Guard ,
New Legislation ,
Trump Administration ,
Veterans
A trio of bankruptcy bills are sitting on President Trump’s desk awaiting his signature. The three bankruptcy bills are the “Small Business Reorganization Act of 2019” (H.R. 3311), the “Honoring American Veterans in Extreme...more
8/21/2019
/ Bankruptcy Code ,
Chapter 11 ,
Chapter 12 ,
China ,
Commercial Bankruptcy ,
Consumer Bankruptcy ,
Economic Downturn ,
Farms ,
Food Supply ,
Legislative Agendas ,
Pending Legislation ,
Relief Measures ,
Small Business ,
Trade Retaliation ,
Trade Wars ,
Trump Administration ,
Veterans
The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC. In York, the Supreme Court affirmed the lower court’s application of last...more
In last March’s edition of this newsletter, we discussed the Supreme Court of Georgia’s decision in PNC Bank, National Association v. Smith, in which the Court held that compliance with O.C.G.A. § 44-14-161 “is a condition...more
2/28/2017
/ Banking Sector ,
Banks ,
Consumer Lenders ,
Contract Waiver ,
Financial Institutions ,
Foreclosure ,
GA Supreme Court ,
Guarantors ,
Mortgage Lenders ,
Mortgages ,
PNC ,
Residential Real Estate Market ,
Summary Judgment
In what might be viewed as the last nail in the coffin for Georgia’s confirmation statute, the Georgia Supreme Court’s recent opinion in PNC Bank, National Association v. Smith affirms that a lender may contract around the...more