Wiggins v. Peachtree Settlement Funding (In Re Wiggins)

MEMORANDUM OF DECISION

JIM D. PAPPAS, Chief Judge.

I. Background

Joshua John Wiggins (“Joshua” or “Wiggins”) filed for protection under Chapter 13 of the Bankruptcy Code on March 26, 1999. On September 13, 1999, acting by and through his parents, guardians and conservators, David and Eva Hale, Wiggins commenced this adversary proceeding against Defendant Peachtree Settlement Funding. The Chapter 13 Trustee, L.D. Fitzgerald, joined Wiggins as a party-plaintiff in the action on behalf of the bankruptcy estate.

A trial in the adversary proceeding was conducted by the Court sitting without a jury on…