Georgia Bankruptcy Blog
The Georgia Bankruptcy Blog addresses corporate and fiduciary litigation, Eleventh Circuit cases, Georgia State cases, Middle District cases, Northern District cases, Southern District cases, and US Supreme court cases. This blog is published by the Law Office of Scott B. Riddle.
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Recent Articles
Foreclosures In Georgia and Metro Atlanta Jump Higher, Chapter 7 and Chapter 13 Bankruptcy Filings Also Rising
The Atlanta Journal reports that Georgia's rate of foreclosures remains among the highest in the nation. Statewide, 12,356 properties had foreclosure filings -- including default notices, scheduled auctions and bank repossessions -- in February, RealtyTrac reported Thursday. That’s one in...
Creditor Forces Individual, Non-Consumer Debtor Into Chapter 11; Debtor's Claims Of Unconstitutional Involuntary Servitude And Unlawful Peonage Fail.
In In re Derrick Dewayne Gordon, Ch. 11 Case No. 11-62509, 2012 Bankr. LEXIS 2012 (Bankr. N.D. Ga. January 23, 2012)(Judge Wendy Hagenau) (click here for .pdf of 32 page opinion), the issues before the Court were: 1) Could a creditor of an individual Chapter 7 Debtor, with non-consumer debt,...
About Us
The Law Office Of Scott B. Riddle represents clients in the following areas: Bankruptcy, Workout and Creditor Representation Business and Commercial Litigation Real Estate and Construction Litigation About Scott: Scott Riddle graduated from The University of North Carolina at Chapel...
Facebook Files Discharge Complaint For Debtor's Alleged Unlawful Domain Name TypoSquatting
On December 5, 2011, Facebook, Inc. filed an adversary proceeding in the Northern District of Georgia seeking a determination that a debt arising from alleged "typosquatting" by the debtor should be excepted from the debtor's discharge. The proceeding is Facebook, Inc. v....
11th Circuit Affirms Availability Of "Value" Defense For Recipients Of Fraudulent Transfers Who Were Equity Holders Of Debtor
In Perkins v. Haines, et al, No. 10-10683 (11th Cir. October 27, 2011) (click here for .pdf of opinion), the 11th Circuit took a direct appeal of the Bankruptcy Court's order concerning the "value" defense in fraudulent transfer proceedings. The basic facts are as follows. ...
Business and Commercial Litigation
The Atlanta Law Office of Scott B. Riddle represents clients in corporate litigation, derivative actions, real estate litigation and general business disputes throughout the state of Georgia. Mr. Riddle has been counsel in several high profile mortgage fraud cases as well as disputes involving...
Real Estate and Construction Litigation
The Atlanta Law Office of Scott B. Riddle represents individuals and businesses in real estate litigation and construction disputes in metro Atlanta and throughout Georgia. Scott has handled many high-profile cases in these related areas of the law. Real Estate Litigation Scott has...
Bankruptcy, Workout and Creditor Representation
Scott Riddle has over 20 years experience representing parties in bankruptcy proceedings and workouts. Scott began his career as a judicial law clerk to the Honorable W. Homer Drake, Jr., United States Bankruptcy Judge for the Northern District of Georgia. Scott subsequently spend...
Cagle's Farms Files Chapter 11 Bankruptcy Petition In Georgia; Reclamation Claims Filed.
Cagle's Farms filed Chapter 11 Petitions in the Northern District of Georgia on October 19, 2011. The related cases are In re Cagle's, Inc. (dba Integrated Poultry Company), Ch. 11 Case No. 11-80202 and In re Cagle's Farms, Inc., Ch. 11 Case No. 11-80203. The cases are...
Can Creditors File A Derivative Action Against Limited Liability Company?
In CML V, LLC v. Bax, No. 735, 2010 (Del. Supr. Sept. 2, 2011) (click here for .pdf of opinion), the Delaware Supreme Court addressed the questions of whether a creditor can file a derivative action against a limited liability company. Plaintiff CML asserted the following derivative...

