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Bankruptcy Section: February 2018

Posted By By B. Summer Chandler, Visiting Assistant Professor Georgia State University College of Law, 6 hours ago

The Bankruptcy Section held its Annual Bankruptcy and Commercial Law Year in Review program on Friday, January 26, 2018 at the Capital City Club Downtown.

Panelists provided attendees with summaries of the most important bankruptcy and commercial law case developments from the last year.  In addition, retiring Judge Mary Grace Diehl, Judge of the Bankruptcy Court for the Northern District of Georgia, was honored at the event.  Festivities included the unveiling of Judge Diehl’s commemorative portrait.  The event was very well attended, with dozens of Section members and others attending to recognize Judge Diehl’s impact on and contributions to the practice of bankruptcy law and the Atlanta bankruptcy community.   

 

 

Please save the dates for the following events.

·         The Bankruptcy Section will hold a Section breakfast on February 27, 2018.  The breakfast will feature a presentation entitled: Lights, Camera, Action: The Georgia Film Tax Credit and Legal Issues Regarding the Local Film Industry.  The event will be held at the offices of Troutman Sanders. 

·         The Bankruptcy Section, in partnership with the Elder Law Section, will hold a Section breakfast on Thursday, April 12, 2018.  The breakfast will feature a presentation entitled: What's Age Got to Do With It?  Elder Investment Fraud and Financial Exploitation.  The event will be held at the offices of Nelson Mullins.   

·         The Bankruptcy Section 2018 David W. Pollard Award & Spring CLE Program will be held on Thursday, May 17, 2018.  The event will take place at the Ansley Golf Club.

 

The Officers and Board members for the 2017-2018 year are:  Jeffery Cavender (Chair), Sage Sigler (Chair-Elect), B. Summer Chandler (Secretary), Melissa Davey (Treasurer), Alison Elko Franklin (Immediate Past Chair), Vania Allen, Sameer Kapoor, Howie Slomka, CC Schnapp, Gregory Taube, Bruce Walker, Doroteya Wozniak (Members at large). 

 

If you have any proposals for Bankruptcy Section activities or projects, please contact any of the officers or board members.  We look forward to another great year and welcome your participation. 

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Case Law Update

Posted By By Audrey B. Bergeson, Esq. on October 30, 2017, Tuesday, November 7, 2017
Wilson v. Moore 2017 Ga. App. LEXIS 384 August 15, 2017 The Court of Appeals notes in this opinion that this case “has a very unusual and convoluted factual situation.” These convoluted and “basically undisputed” facts were as follows. The child was born of one sexual encounter between Mr. Moore (biological father) and Ms. Wilson (mother), which resulted in the birth of the child who was the subject of this litigation. Around the same time, Ms. Wilson began a relationship with Mr. Wilson. Mr. and Ms. Wilson later married, though they were not married when the child was conceived or born. However, Mr. Wilson did administratively legitimate the child. Mr. Moore learned later learned of the child and subsequently filed a Petition for DNA Genetic Paternity Testing and Legitimation. Mr. Wilson intervened, moved to Dismiss Mr. Moore’s petition, and filed his own petition for legitimation. Consent orders were entered between the parties allowing for Mr. Wilson to intervene in the case and ordering DNA testing. DNA testing showed that Mr. Moore was the father. Mr. Wilson then amended his pleadings to add a counterclaim for adoption. The trial court determined that Mr. Moore had not abandoned his opportunity interest and concluded that Mr. Wilson was not the legal father of the child by virtue of marriage, legitimation, or adoption. The Wilsons contend on appeal that the trial court erred by failing to consider the effect of Mr. Wilson’s administrative legitimation on Mr. Moore’s legitimation petition. The Court of appeals agreed, reversed, and remanded with direction that as a threshold matter the trial court must consider any preclusive effect of the preexisting administrative legitimation. The Court included a parenthetical citation to Davis v. Labrec, 274 Ga. 5 (2001) quoting its instruction, “’ we direct the court to determine the crucial issue of whether the delegitimation of the child’s lifelong relationship with [the legal father] is in the best interest of the child….’” Leone v. Griffin 2017 Ga. App. LEXIS 362 August 2, 2017 Trial court denied Mr. Leone’s motion for new trial, which he appealed on the basis that the trial court erred in failing to hold a hearing. The court of appeals reversed the trial court, holding as “our Supreme Court has made clear, ‘Uniform Superior Court Rule 6.3 requires a trial court to hold an oral hearing on all motions for new trial in civil cases, unless otherwise specifically ordered by the court,’” and that further if a trial court denies a motion for new trial without holding a hearing, “’the error will not be deemed harmless on appeal.’” Because the trial court had not issued an order excepting the motion for new trial from this requirement and denied the motion without hearing, the court of appeals reversed.

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“Traffic Stops: What Not to Do When You Get Pulled Over. Tips from a Criminal Defense Attorney”

Posted By By Holly Waltman-Partner McMahan Waltman LLC, Wednesday, October 18, 2017

Wednesday, September 20, 2017

"Traffic Stops: What Not to Do When You Get Pulled Over. Tips from a Criminal Defense Attorney” 

Holly Waltman-Partner, McMahan Waltman LLC

 

Materials

 

 

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Bankruptcy Update: September 2017

Posted By By B. Summer Chandler, Visiting Assistant Professor, Georgia State University College of Law ​, Tuesday, September 19, 2017

The Bankruptcy Section is pleased to announce that the Honorable Judge W. Homer Drake, Jr. has been selected to receive the American Inns of Court Foundation and Bankruptcy Inns Alliance Distinguished Service Award for 2017. The award will be presented to Judge Drake on Tuesday, October 10, 2017 at 8:45 a.m. as the opening part of that day’s session at the National Conference of Bankruptcy Judges. Judge Drake’s long-standing dedication to professionalism and civility made him a natural choice for this honor. 

 

Registration is now open for the next Bankruptcy Section Breakfast, which will take place on Wednesday, September 20, 2017 from 7:30 a.m. to 9:00 a.m. The event will be held at the offices of Troutman Sanders, LLP. The breakfast will include a presentation by criminal defense attorney R. Alexander Susor, entitled, “Traffic Stops: What Not to Do When You Get Pulled Over. Tips from a Criminal Defense Attorney.” We hope you will join us.

 

Registration is also open for the program entitled, “Everything You Need to Know About the New Chapter 13 Plan.” In this program, several judges and members of the Bankruptcy Court's Bench & Bar Committee will be presenting on the new Chapter 13 plan that will take effect in the Northern District of Georgia on December 1, 2017. The event will be held at the offices of Nelson Mullins on Wednesday, September 27, 2017 from 6:00 p.m. to 7:00 p.m.

 

Please save the dates for the following events.

· The Bankruptcy Section’s Annual Fall Social will be held on Tuesday, October 24, 2017 at JCT Kitchen. Judge Ray Mullins, Chief Judge of the Bankruptcy Court for the Northern District of Georgia, will be honored at the event.

· The Bankruptcy and Commercial Law Year in Review CLE program will be held on Friday, January 26, 2018 at the Capital City Club Downtown.

· The Bankruptcy Section 2018 David W. Pollard Award & Spring CLE Program will be held on Thursday, May 17, 2018. The event will take place at the Ansley Golf Club.

 

The Officers and Board members for the 2017-2018 year are:  Jeffery Cavender (Chair), Sage Sigler (Chair-Elect), B. Summer Chandler (Secretary), Melissa Davey (Treasurer), Alison Elko Franklin (Immediate Past Chair), Vania Allen, Sameer Kapoor, Howie Slomka, CC Schnapp, Gregory Taube, Bruce Walker, Doroteya Wozniak (Members at large). 

 

If you have any proposals for Bankruptcy Section activities or projects, please contact any of the officers or board members. We look forward to another great year and welcome your participation.

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D&O Policy Breakfast Panel Hosted by TMA Atlanta Chapter

Posted By Doroteya Wozniak, Thursday, August 17, 2017

The Ritz-Carlton, Buckhead

August 25, 2017

7:30 a.m. – 9:30 a.m.

 

Making Sure that Your D&O Policy Doesn’t Fail You When Your Company Runs Aground!

A compelling conversation covering the Convergence of D&O Coverage with Bankruptcy and Insolvency.

 

Speakers include Judge Wendy L. Hagenau (U.S. Bankruptcy Court for the N.D. Ga.), David Sellars (Sr. VP of McGriff, Seibels & Williams, Inc.), Tony Tatum (Partner, King & Spalding), and Aaron Weiss (Partner, Carlton Fields Jorden Burt, P.A.).  The panel will be moderated by Robert Mercer (Partner, Schulten Ward Turner & Weiss, LLP).

 

More Information:  https://turnaround.org/atlanta/events

 

Registration Link: https://online.turnaround.org/tmassa/evtssareg.custid?p_event_id=5086

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The Atlanta Lawyer Bankruptcy Update

Posted By Kristyn Girardeau, Wednesday, May 17, 2017

Bankruptcy Section
By M. Regina Thomas
United States Bankruptcy Court

A joint Spring Social of the Litigation, Bankruptcy and Public Interest Law Sections of the Atlanta Bar Association was held April 27, 2017 at Second Self Beer Company.  Members enjoyed networking, beer tasting and brewery routs at one of Atlanta’s most popular venues.

The Annual Spring CLE and Pollard Award Luncheon was held Thursday, May 11, 2017 at the Capital City Club Downtown.  Over 50 CLE attendees enjoyed an excellent program featuring presentations on Hot Topics in 523 and 727 Dischargeability Actions (Ashley D. Champion, Howard P. Slomka and Bruce Z. Walker), Chapter 13 Model Plan Update (Hon. Lisa Ritchey Craig, Melissa Davey, Alex Dolhancyk, Regina Thomas and Nancy J. Whaley) and Recent Trends in Student Loan Dischargeability Cases (Hon, Wendy L. Hagenau, Nate Juster, Shayna M. Steinfeld and Gregory M. Taube).   


Following the CLE program, Grant T. Stein of Alston & Bird, was honored with the prestigious David W. Pollard Award, which is given annually to a member of the Atlanta Bar who best exemplifies the highest standards of professionalism and ethics in the bankruptcy practice.  Mr. Stein was introduced by his mentor, and inaugural recipient of the Pollard Award in 1994, the Hon. W. Homer Drake, Jr. of the United States Bankruptcy Court for the Northern District of Georgia.  Mr. Stein began his legal career as a law clerk for Judge Drake over 35 years ago.  In his acceptance remarks, Mr. Stein thanked the Board of the Atlanta Bar Bankruptcy Section, colleagues at Alston & Bird, and many others.  He shared this special event with his wife, Janet M. Stein and son, Joshua Stein, who is a law clerk for the Hon. Lisa Ritchey Craig, and a large contingent of colleagues from the bankruptcy community. 


During her remarks, as outgoing Bankruptcy Section Chair, Alison Elko Franklin,   announced that the Bankruptcy Section was named the recipient of the 2016-2017 Small Section of the Year Award to be presented by the Atlanta Bar at its Annual Muncheon on May 23, 2017.  This honor follows one received earlier in the year when the Bankruptcy Section was awarded the 2016 Community Service Award presented by the Atlanta Bar Association at its Celebrating Service awards luncheon on October 21, 2016.  It has been a tremendously successful year for the Bankruptcy Section and Ms. Frankin was recognized for her outstanding leadership.

The Officers and Board members for the 2017-2018 year are:  Jeffery W. Cavender 
(Chair), Sage M. Sigler (Chair Elect), B. Sumer Chandler (Secretary), Melissa Davey (Treasurer), Alison Elko Franklin (Immediate Past Chair), Vania Allen, Sameer K. Kapoor, Alexandra Schnapp, Howie Slomka, Gregory Taube, Bruce Walker, and Doroteya Wozniak (Members at large).  

Many thanks to the outgoing 2016-2017 Officers and Board members for their dedication and service to the Bankruptcy Section:  Ron Bingham, John Mills and M. Regina Thomas. 

If you have ideas or suggestions for Bankruptcy Section activities or projects, please contact any of the officers or board members.  We look forward to a great year and welcome your participation.

 

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Availability of Two Bankruptcy Judgeship Positions in the Northern District of Georgia at Atlanta

Posted By Kristyn Girardeau, Friday, March 3, 2017

The United States Court of Appeals for the Eleventh Circuit seeks applications from all highly qualified candidates for two fourteen-year appointments as United States Bankruptcy Judges for the Northern District of Georgia at Atlanta.

 

Click here for additional information. 

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The Fair Labor Standards Act and Bankruptcy: Compliance & Consequence

Posted By Kristyn Girardeau, Thursday, February 23, 2017
Attached you will find the presentation materials from the January 27, 2017,  Bankruptcy and Labor Employment Sections Joint Luncheon.

Download File (PDF)

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Fourteenth Annual Emory Bankruptcy Developments Journal Symposium

Posted By Kristyn Girardeau, Tuesday, February 21, 2017

Fourteenth Annual Emory Bankruptcy Developments Journal Symposium

Tull Auditorium
Emory University School of Law

February 23, 2017
8:30 a.m. - 1:30 p.m.

The EBDJ symposium is free and open to the public. Three CLE credits are available for a non-refundable registration fee of $75 in advance ($85 at the door). No refunds will be provided for registration fees. The registration fee is waived for judges, clerks, and attorneys from sponsoring firms. Parking vouchers will be provided to all attendees. If you are seeking CLEs, you must sign in at the registration table. 

  • Consumer Panel: Judicial Estoppel: Its Development, Current Status, and How the Eleventh Circuit's Forthcoming Opinion in Slater Might Portend the End of its Rigidity
  • Corporate Panel: Chapter 11 Cramdown Interest Rates: TillMomentive, and the Proper Valuation Methods

More Information: http://law.emory.edu/ebdj/symposium.html

Registration Link: https://emorylaw.wufoo.com/forms/2017-ebdj-symposium-registration/

 

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February 2017 Bankruptcy Section Atlanta Lawyer Update

Posted By Kristyn Girardeau, Friday, February 3, 2017

Bankruptcy Section

By M. Regina Thomas

United States Bankruptcy Court

 

On December 13, 2016, the Bankruptcy Section presented its annual Bankruptcy and Commercial Law Year in Review CLE program.  The morning session, which focused on recent developments in bankruptcy law, featured the Honorable Paul W. Bonapfel and the Honorable Mary Grace Diehl, United States Bankruptcy Judges from the Northern District of Georgia.  Other panelists were Harris Winsberg (Troutman Sanders) and Beth Anne Harrill, law clerk to Judge Bonapfel.  The afternoon session, which focused on commercial law developments, was presented by C. Edward Dobbs (Parker, Hudson, Rainer and Dobbs) and Alfred S. Lurey (Kilpatrick Townsend

Stockton).  This annual event brings section members together for both a valuable learning experience and a chance to network with colleagues.

 

On Friday, January 27, 2017, the Bankruptcy and the Labor and Employment Sections co-sponsored a lunch & learn program titled Fair Labor Standards Act and Bankruptcy: Compliance & Consequences at Dentons US LLP.  Panelists include Nathan Chapman (Kabat, Chapman & Ozmer), Brett Cobum (Alston & Bird), Jonathan Edwards (Alston & Bird), and Leanne Gould (HDH Advisors).  Almost 50 attendees, enjoyed a discussion about the hotly contested changes in wage and hour rules, current compliance issues, and consequences of litigation for distressed businesses either contemplating or entering bankruptcy protection. 

 

Please Save the Date:

·         Annual Spring CLE and Pollard Award Luncheon, Thursday, May 11, 2017 at Capital City Club Downtown.

The Officers and Board members for the 2016-2017 year are:  Alison Elko Franklin (Chair), Jeffery Cavender (Chair Elect), Sage Sigler (Secretary), B. Summer Chandler (Treasurer), John W. Mills, III (Immediate Past Chair), Vania Allen, Ron Bingham, Melissa Davey, Gregory Taube, Regina Thomas, Bruce Walker, Doroteya Wozniak (Members at large). 

 

If you have ideas or suggestions for Bankruptcy Section activities or projects, please contact any of the officers or board members.  We look forward to a great year and welcome your participation.

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