In re Golden Grove Pecan Farm, Smith Funeral Home, LLC, Legendary Performance Cars (10-40557, 10-40558, 10-40560)

Receiver filed for bankruptcy for five business under state receivership. Question as to whether filing was in bad faith when Superior Court entered order nunc pro tunc after the filing. Held that nunc pro tunc order is void, and that bankruptcy estate retains exclusive jurisdiction. Also, debtors' principals were not in position to act as fiduciaries due to the fact that they were indicted and currently under trial for various Georgia criminal charges.

Thursday, September 2, 2010