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Richard B. Maner, P.C. |
BankruptcyThe Northern District of Georgia, encompassing the Atlanta metropolitan area, has the highest number of Chapter 13 bankruptcies filed in the United States annually. The Middle District of Georgia (including Macon and Columbus) and Southern District of Georgia (including Augusta and Savannah) also have significantly high numbers of Chapter 13 cases being filed. Many have speculated that the large number of Chapter 13 filings is substantially related to the very fast (4-6 week) foreclosure process.
The Northern District has eight judges, four Chapter 13 Trustees and a panel of 10-15 Chapter 7 Trustees to handle the massive volume of cases. In the Northern District, Chapter 13 Trustees normally expect that post-petition payments will be sent directly to the mortgage servicer, and they will ordinarily pay pre-petition claims pro-rata with other secured claims, based upon the amount stated in the servicer’s claim. The dockets are relatively fast in this jurisdiction, as confirmation occurs roughly 60 days from filing. Motions for Relief from Stay and Claims are generally filed electronically in this jurisdiction, and as such, virtually all documentation is available online via PACER. Attaching a copy of the Security Deed is generally sufficient for filing claims and motions in this jurisdiction.
In the Middle District of Georgia, there are 2 full time and 1 part time judges. There are 2 Chapter 13 Trustees and a panel of approximately five to ten Chapter 7 Trustees. The Chapter 13 Trustees in this district will often act as conduits for post-petition mortgage payments when there is a significant pre-petition arrearage. Payment of claims is generally based upon the amount stated by the servicer in the claim. Funding of the arrearage claim does not begin until well into the case. However, servicer’s are advised to examine the plan very carefully in this district and object to confirmation since many plans understate the pre-petition arrearage and delay receipt of the initial post-petition payment. Confirmation is generally held about 90 days from filing in this district. Motions and claims will generally require attaching a recorded copy of the Security Deed and all assignments in this district. This jurisdiction has begun to experiment with electronic filing and copies of most filed documents are available online via PACER.
In the Southern District of Georgia, there are two full time and one part time judge as well. There are also three Chapter 13 Trustees and a panel of five to ten Chapter 7 Trustees. The Chapter 13 Trustees expect that post-petition payments will be made directly to mortgage servicer’s and will pay claims based upon the amount stated in the claim on a pro-rata basis with other secured creditors. The claim must be served upon the Trustee and Debtor’s counsel in this district when it is filed. Attaching a copy of the Security Deed is generally sufficient for filing claims and motions in this jurisdiction. This jurisdiction is scheduled to begin electronic filing in the near future; documents may be accessed online via PACER.
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Contact us: |
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Phone: 404-252-6385 Fax: 404-252-6394 E-mail: |
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5775 Glenridge Drive Building D, Suite 100 Atlanta, GA 30328 |