Ian Falcone

Highly accomplished attorney with 30+ years of experience focusing on complicated personal and small business bankruptcy cases and small business law (business formation, contract negotiation and general legal issues).

Professional educator with commitment to fostering academic growth and intellectual curiosity. Adept in curriculum development and delivering high-quality lectures that stimulate student engagement. Recognized for collaborative team efforts and adaptability to evolving academic environments, ensuring supportive learning atmosphere.

Cobb Bar: Bankruptcy Section

Cobb Bar: Solo/Small Firm Section

• Akethomas v. Akethomas, Chapter 13, NDGA, 22-0519, Successfully prosecuted a Motion to Dismiss and Complaint to Determine Dischargeability against this Debtor that attempted to escape liability to his ex-spouse through an abuse of the bankruptcy process.
• Shewmaker & Shewmaker v. Croissant, Chapter 13, NDGA, 22-0511, Successfully prosecuted a Motion to Dismiss and Complaint to Determine Dischargeability against this Debtor that attempted to escape liability to the ex-spouse through an abuse of the bankruptcy process.
• In Re: Brent and Megan Cann, Chapter 11, NDGA, 21-52013, Successfully confirmed a Subchapter V, Chapter 11 plan for these debtors that were personally liable for business loans for multiple businesses that failed during the COVID pandemic.
• Terry J. Lemmons, DDS, P.C., Chapter 11, NDGA, 21-20344, Successfully represented Newton Federal Bank to secure payment of its secured claim through the sale of Debtor’s collateral.
• The Krystal Company, Chapter 11, NDGA, 20-61065, Representing and advising a landlord in this complicated Chapter 11 bankruptcy case involving lease assumption/rejection, executory contract cure and damage issues and sale and assignment of the debtor’s business assets.
• Georgia Deer Farm, Inc., Chapter 11, NDGA, 20-10563, Representing the debtor-in-possession in this Chapter 11 case involving issues of dealer agreements, termination rights, breach of contract, lease issues and sale of assets.
• Marvelay, LLC v. Hudson Valley Enchanted Balloon Tours, Inc., Chapter 11, NDGA, 20-06217, Successfully defended this adversary proceeding resulting in a reduction of the alleged preference claim from $58,075.00 to $6,712.00.
• Sanam Conyers Lodging, LLC, Chapter 11, NDGA, 19-54798, Representing and advising a secured lender in this complicated Chapter 11 bankruptcy case involving seven (7) related hotels involving issues of franchise compliance, property improvement plans, fire damage and insurance concerns, adequate protection issues and debt restructuring.
• In Re: Ben Livingston Paris, Chapter 7, NDGA, 19-40537, Successfully represented this individual with over $5.7M in debt resulting in a discharge of all personal liability and avoiding substantially all judgment liens secured by the Debtor’s real property.
• Dean Foods Company v. Somax, Inc., Chapter 11, SDTX, 19-03369, Successfully defended this adversary proceeding resulting in a reduction of the alleged preference claim from $33,060.87 to $750.00.
• 2671 Centerville Hwy, LLC, Chapter 11, NDGA, 18-71822, Representing these entities in these related Chapter 11 cases to sell a portion of the real estate holdings to reduce or eliminate secured debt and allow the businesses to continue their operations.
• 6138 Jackson Hwy, LLX, Chapter 11, NDGA, 18-71823, Representing these entities in these related Chapter 11 cases to sell a portion of the real estate holdings to reduce or eliminate secured debt and allow the businesses to continue their operations.
• Tigaman, Inc, Chapter 11, NDGA, 18-63874, Representing the debtor-in-possession in this Chapter 11 case to sell its real property, reduce its secured debt and restructure its debt service to a monthly payment commensurate with the debtor’s ability to pay.
• Christopher William Baughman, Chapter 7, NDGA, 18-54455, Represented the ex-wife of the debtor who owed her more than $7.3M and was incarcerated for civil and criminal contempt on domestic relations matters.
• In Re: Alton Randolph Hall, Chapter 7, NDGA, 17-57951, Successfully objected to a proof of claim filed by an alleged secured party reducing the claim from $189,822.66 to $25,000.
• Larry Tracy Boatright, Chapter 13, NDGA, 17-56726, Represented debtor in an evidentiary hearing on Trustee’s Objections to Confirmation which ultimately resulted in the confirmation of the debtor’s Chapter 13 plan.
• Shaw v. Osbourne, Adversary Proceeding, MDGA, AP 17-5057, Representing the Plaintiff in this adversary proceeding to obtain a determination by the Court that the Debtor’s medical malpractice which resulted in damages exceeding $6M, is a non-dischargeable debt.
• Bowers v. Ryan, Adversary Proceeding, NDGA, AP 16-5345, Defended the Debtor in these related adversary proceedings in which the plaintiffs asserted claims for non-dischargeability pursuant to 11 U.S.C. 523(a)(2), 11 U.S.C. 523(a)(4), and 11 U.S.C. 523(a)(6).
• Swan v. Ryan, Adversary Proceeding, NDGA, AP 16-5274, Defended the Debtor in these related adversary proceedings in which the plaintiffs asserted claims for non-dischargeability pursuant to 11 U.S.C. 523(a)(2), 11 U.S.C. 523(a)(4), and 11 U.S.C. 523(a)(6).
• Phillip Russell Wilbur, Jr., Chapter 7, NDGA, 16-67262, Successfully pursued ex-wife’s claims for non-dischargeable debts, including claims pursuant to 11 U.S.C. 523(a)(5), (a)(6) and (a)(15) and attorney’s fees.
• Joanna Banks, Chapter 7, NDGA, 16-64020, Retained as an expert witness to assist this debtor in her contempt action against her ex-husband and calculate damages for his failure to comply with his bankruptcy obligations. Subsequently filed individual bankruptcy case and compelled Trustee to abandon his interest in worker’s compensation proceeds.
• Collier Hills Dental, PC, Chapter 11, NDGA, 16-50083, Successfully represented this small Atlanta-based dental practice in its effort to reorganize through re-amortization of operating loan and cure of lease default.
• Andy Donovan Turner, Chapter 13, NDGA, 16-40709, Successfully represented the debtor’s ex-wife to establish the nature of all past due monies as domestic support obligations rendering them non-dischargeable priority obligations.
• Penn vs William Jeffrey Saye, Adversary Proceeding, NDGA, 15-5389, Successfully represented debtor in an Adversary Proceeding asserting an Objection to Discharge and Dischargeability claims pursuant to 11 U.S.C. 523(a)(2), (a)(6), 11 U.S.C. 727(a)(2), (a)(4) and attorney’s fees.
• Dills v. DB and Sons, Inc., Chapter 7, NDGA, 15-42995, Successfully defended claims against the Respondent for violation of the automatic stay and imposition of sanctions.
• Travis Wade Ragsdale, Chapter 11, NDGA, 15-40844, Successfully dismissed debtor’s adversary proceeding against his ex-wife who was attempting to collect contribution for obligations contained in a divorce decree.
• Dr. Delutha H. King et al vs David Keith Miller and Kelly Stolte Miller, Adversary Proceeding, NDGA, 15-05113, Successfully resolved an Adversary Proceeding involving claims for violations of the Federal Securities laws of the Securities Exchange Act and non-dischargeability pursuant to 11 U.S.C. 523 (a)(19).
• HP/Superior Inc., Adversary Proceedings, Chapter 7, NDGA 14-71797, Successfully resolved multiple adversary proceedings involving twelve (12) separate, but interconnected, companies.
• Gordon v. Malik, Adversary Proceeding, NDGA, 14-05044, Successfully represented the ex-wife of the debtor in the Trustee’s action to recover $1.9 Million of alleged fraudulent transfers. Negotiated settlement of $250,000.
• MBA Waste Services, LLC, Chapter 11, NDGA, 14-53669, Successfully represented this materials recovery facility and portable toilet business in its effort to reorganize its business. Restructured commercial property and equipment loans. Resolved $200,000+ zoning citation which threatened to terminate operations.
• Kris and Roxanna Rogers, Chapter 11, NDGA, 13-60292, Successfully restructured the debt of these individual debtors arising from the failure of a child day care center that was a victim of the recession.
• Fakhouri International, Inc., Chapter 7, NDGA, 13-54295, Successfully represented this company against which an involuntary chapter 7 petition had been filed resulting in dismissal of the case.
• Gordon v. Redhead, Adversary Proceeding, NDGA, 12-05370, Successfully negotiated a substantially reduced settlement with the Trustee who asserted that certain real estate, owned by the defendant, was part of the debtor’s estate.
• Winograd v. Krantzler, DeKalb County Sup. Court, 12CV1386-1, Retained as exert witness for defendant to testify regarding the nature of the debts listed in a Divorce Settlement Agreement.
• New Vintage Farms, LLC, Chapter 11, NDGA, 11-72447, Successfully reorganized this struggling horse farm and training facility through principal reduction, interest rate reduction and extension of maturity date.
• Sachchidanand Investment, LLC, Chapter 11, NDGA, 11-86876, Successfully restructured the debt of this recreational vehicle park located in McDonough, GA through re-amortization and reduction of interest rates.
• Temple Crossing, Inc., Chapter 11, NDGA, 11-85181, Successfully reorganized this single asset real estate company through interest rate and principal reduction and extended amortization of debt.
• In Re: Marcelo Ferrari, Chapter 11, NDGA, 11-60245, Represented debtor’s soon to be ex-wife regarding claims against estate arising from the marriage and pending divorce.
• Mamadou Sylla, Chapter 11, NDGA, 11-85181, Successfully restructured the debt of this individual real estate investor that was affected by the recession.
• Steven Youd v. Stephanie Lipp, Henry County Sup. Court, 10-CV-2107-M, Initially retained as an expert witness to assist the plaintiff with his contempt case against his ex-wife for debts she attempted to discharge in bankruptcy. Subsequently represented the debtor as counsel in the contempt case.
• Joey and Isalia Gravell, Chapter 11, NDGA, 10-78920, Successfully reorganized these individual debtors that operated multiple rental units through reduced interest rates, principal reductions and extended amortization of debt.
• Michael and Jeanetta Shepherd, Chapter 11, NDGA, 10-62555, Successfully restructured the debts of these individual property investors through re-amortization and interest rate reduction on 23 properties.
• Atlanta Mortuary Services, Inc., Chapter 11, NDGA, 10-95923-JRS, Successfully reorganized this small business debtor that operates a wholesale and retail mortuary business.
• Jefferson Road, LLC, Chapter 11, NDGA, 10-73245 -REB, Single Asset Real Estate case involving a struggling hotel in Jacksonville, Florida. Case was dismissed with debtor’s consent upon reaching an agreement with the debtor’s main creditor that restructured its debt obligations.
• Judith Brown, Chapter 7, NDGA, 10-43338, Successfully utilized Chapter 7 to discharge approximately $500,000 of debt owed to the Federal and State taxing authorities.
• Theresa Strait v. Daniel Strait, Fulton Cty. Sup. Ct., Case No. 2009CV178100, Qualified and testified as an expert bankruptcy witness in this divorce case on behalf of the plaintiff. Main testimony focused on the calculations of disposable monthly income and the impact of an alimony award on the calculations in bankruptcy court.
• Roger and Janice Johns, Chapter 13, NDGA, 08-61644, Successfully utilized Chapter 13 to eliminate approximately $140,000 of unsecured tax debt and reduced secured tax obligations based on the fair market value of debtor’s assets.
• Susan and Brad Pryor, Chapter 11, NDGA, 08-82444-REB, Successfully reorganized these individual debtors that operated 20+ rental units though reduced interest rates, principal reductions and extended amortization of debt.

• President, Bankruptcy Section of the Cobb County Bar Association, 2012-2014, 2016-2017
• President, Solo/Small Firm Practice Section of the Cobb County Bar Association, 2011-2012, 2015-2016
• NACBA (National Association of Consumer Bankruptcy Attorneys)
• MACBAG (Metropolitan Atlanta Consumer Bankruptcy Group)
• Admitted to Georgia, New York, Connecticut and Federal Courts.
• Admitted to Court of Appeals and Supreme Court, Georgia
• Member of Cobb County Bar Association
• Former President of the Atlanta Tufts Alliance, A Chapter of the Tufts University Alumni Association
• Former Chairman of the Lawyers in Practice Committee of the Younger Lawyers Section of the State Bar of Georgia
• Member of State Bar of Georgia, Family Law Section
• Member of State Bar of Georgia, Bankruptcy Law Section

• BK – Beyond the Basics, http://falconefirm.blogspot.com/
• Speaker: National Business Institute: Nuts and Bolts of Bankruptcy Law., 2021-03-06, Introduction to the Bankruptcy Code, Conducting the Initial Client Interview, The Basics of Chapter 7 and the Means Test, The Basics of Chapter 13, Ensuring Ethical Conduct, Bankruptcy Forms and Filing Process, Automatic Stay Litigation in a Nutshell.
• Speaker: MACBAG., 2020-02-06, The 2020 Election: SubChapter V Election in Chapter 11 Bankruptcy.
• Speaker: Cobb County Bankruptcy Section., 2020-05-04, The 2020 Election: SubChapter V Election in Chapter 11 Bankruptcy.
• Speaker: Bankruptcy Bench and Bar Committee., 2019-01-28, Breaking Up Is Hard to Do: Everything you need to know about Bankruptcy and Family Law.
• Speaker: Cobb County Bar Bankruptcy Section., 2018-11-30, Bankruptcy Litigation 101.
• Guest Participant: Georgia State University Law School – Atlanta Center for International Arbitration and Mediation., 2018-03-30, Mock Mediation.
• Speaker: Kennesaw State University., 2018-03-12, Attorney Ethics: Yes, we have them and Yes we take them seriously!
• Speaker: Cobb County Bar Family Law Section., 2018-02-09, Bankruptcy and its Effect on Family Law Cases.
• Speaker: Georgia State University Law School., 2018-01-09, Practical Issues in Consumer Bankruptcy Cases.
• Speaker: Kennesaw State University., 2017-10-25, Ethics in Criminal Justice.
• Speaker: Cobb County Bar Family Law Section., 2017-09-20, A few things every divorce lawyer should know about bankruptcy law.
• Speaker: Dekalb County Bar Family Law Section., 2017-05-04, Bankruptcy issues in Family Law.
• Speaker: Georgia State University Law School., 2017-03-17, Court Appearance and Professionalism.
• Speaker: Clear Law Institute., 2017-01-18, When a Spouse or Former Spouse files Bankruptcy.
• Speaker: Cobb County Bar Bankruptcy Section., 2016-12-12, Intersection of Family Law and Bankruptcy.
• Speaker: Cobb County Bar Bankruptcy Section., 2016-12-02, Best Practices in Bankruptcy.
• Speaker: National Association of Consumer Bankruptcy Attorneys Summit at Sea., 2016-10-08, Anchoring your Divorce and Bankruptcy Practice.
• Speaker: Cobb County Bar Bankruptcy Section., 2016-09-12, Student Loan Issues.
• Speaker: Cobb County Bar Bankruptcy Section., 2016-05-09, Local Case Law Updates.
• Guest Participant: Georgia State University Law School – Atlanta Center for International Arbitration and Mediation., 2016-03-27, Mock Mediation.
• Speaker: Georgia State University Law School., 2016-03-22, Ethics of Pre-Bankruptcy Planning.
• Speaker: National Business Institute: Complex Assets in Divorce., 2015-12-08, Property Division and Bankruptcy.
• Guest Participant: Georgia State University Law School – Atlanta Center for International Arbitration and Mediation., 2015-11-09, Mock Mediation.
• Speaker: ICLE., 2015-11-05, Addressing Student Loans in Chapter 13 Cases.
• Speaker: National Association of Consumer Bankruptcy Attorneys., 2015-10-07, The Intersection of Bankruptcy and Family Law.
• Speaker: Metro Atlanta Consumer Bankruptcy Attorney Group., 2015-08-20, Family Law Issues in Bankruptcy.
• Speaker: Georgia State Bar Solo Small Firm Seminar., 2015-07-15, Law Office Technology.
• Speaker: Solo Small Firm Section., 2014-01-01, Cloud Computing.
• Speaker: Solo and Small Firm Summer Seminar., 2014-01-01, Solo and Small Firm Financial Management.
• Speaker: Georgia State University Law School., 2014-01-01, Chapter 11: Individual Debtors.
• Regular Guest: Real Estate Radio Atlanta 106.7 FM Atlanta., 2013-01-01, http://realestateradioatlanta.com/guests/attorneys/ian-falcone
• Speaker: NALS: National Association of Legal Professionals., 2013-10-17, Creating a Mobile Office.
• Speaker: National Business Institute., 2013-08-21, When Bankruptcy Meets Divorce.
• Speaker: Strafford Publications Webinar., 2013-01-30, Divorce: When a Spouse Files Bankruptcy.
• Speaker: Cobb Bar Business Law Section., 2012-05-10, The Business Case for Bankruptcy.
• Speaker: ICLE: Consumer and Business Bankruptcy., 2010-10-28, Issues in Mortgage Modification – How To Obtain A Modification And What To Do Once You Have One.
• Speaker: Cobb County Bar Family Law Section., 2011-05-18, Bankruptcy and Family Law: A Few Things Every Divorce Lawyer Should Know.
• Featured in The Atlanta Business Chronicle., 2004-10-01, Georgia Business Bankruptcies Increase 16%.
• Featured in Fulton County Daily Report., 2004-12-13, Upping the Ante. Metro-area firms are asking for more from their lawyers: legal acumen plus the business skills needed to market the firm.