Timothy J. Burson

Timothy J. Burson
Timothy J. Burson

Expanding the services of Xie Law, Tim joined the firm in 2020 as lead litigation and appeal counsel. His areas of practice include: breach of contract; creditor representation in bankruptcy; construction performance, payment, subcontractor, and completion issues; contract bonds; commercial and miscellaneous bonds; debt collection, enforcement, indemnity, investigation, salvage, subrogation, and discovery; employee dishonesty, fraud and fidelity disputes; estate planning and administration; evictions and foreclosures; fiduciary obligations; disputes with financial institutions (banks, credit card companies, credit unions, finance companies, mortgage companies, and other lenders); judgment domestication; liens, and security interests; suretyship; UCC financing statements; negotiation, mediation, arbitration, and settlement; probate; trusts, wills, and conservatorships.

Tim is a member in good standing of the State Bar of Georgia, and the Louisiana State Bar eligible to practice before all local and appellate courts of both States. At the federal level Tim is admitted to practice before The U.S. Supreme Court, U.S. Courts of Appeals-Fifth Circuit, and Eleventh Circuit; United States Court of Claims; United States District Court-Georgia-Northern and Middle Districts, Louisiana- Eastern, Middle and Western Districts, Texas-Northern District; He has also been admitted Pro Hac Vice in Alabama. Arkansas, District of Columbia, Florida, Mississippi, North Carolina, South Carolina, Tennessee, and Texas.

Tim writes and frequently prepares topics for groups, at seminars and continuing legal education presentations in house and through larger industry associations as well as local bar associations and committees. He authored the chapter “Penal Sum Bond Limits” in The Law of Probate Bonds (ABA 2001) and prepared two chapters (bond liability for loan loss and losses before bonds issued) in the update of this book in 2014. He co-authored the Mock-Trial sessions on Probate litigation at the 2007-2009 “Hot Topics in Guardianship” for the State Bar of Georgia. He has spoken at meetings of the DeKalb County Bar association, the Gwinnett County Bar Association, and the Atlanta Bar Association–Fiduciary Law Committee. In the Southern Surety and Fidelity Claims Association from 1990-2019, Tim prepared papers and topics for publication and discussion at the annual conferences held in Atlanta, as well as conferences in Charleston, Nashville, New Orleans, and Tampa.

Tim received his law degree from The University of Alabama School of Law finishing in the top 25% of his class and receiving best examination awards in Civil Procedure. Torts, Real Property Securities, and Food & Drug Law. He competed and served as a member of the John A. Campbell Moot Court Board through which he was a teaching assistant and instructor in Legal Bibliography and appellate writing courses. He served as an editor on The University’s Law and Psychology Review. He was an officer of the Bench and Bar Legal Honor Society and an officer of the Phi Alpha Delta legal fraternity. Tim also served as an Honor Court Justice as a law student and co-chaired the orientation program for Alabama’s 1-L law students. Tim’s service as a student and leader in The University’s School of Law was recognized through his receipt of the Dean Thomas A. Christopher Leadership Award.

As an Alabama undergrad, Tim majored in Journalism — writing for The Tuscaloosa News and the Crimson and White. Tim was a two-time member of Alabama’s Avanti team, counseling incoming freshmen students during orientation. He was a member and officer of Chi Phi Fraternity’s Tau Chapter.

Born in Birmingham Alabama, Tim moved with mother and younger sister to West Georgia in 1968 after his father’s death. Tim has two sons (John and Davis) and a daughter (Claire).

Cases/Reported Decisions

    • In Re Estate of Gladstone, 303 Ga. 547, 814 S.E.2d 1 (2018) (reversing probate judgment against surety for punitive damages charged to bond principal);
    • In Re Estate of Haring, 314 Ga. App, 370 (770, 726 S.E.3d 86 (2012) (affirming Probate Judgment exonerating conservator and surety for unaccounted expenditures by non-spouse conservator);
    • Ray v, Stewart, 287 Ga.789, 700 S.E.2d 367, 10 FCDR (2010) (affirming trial decision holding Will beneficiary has no standing to object or contest discharge judgment of prior conservator where court has provided notice of discharge proceedings to court appointed independent guardian ad litem).
    • Continental Ins. Co. v. Gazaway, 216 Ga.App, 125, 453 S.E.2d 91 (1994) (reversing trial court with holding that surety on forged bond is not liable for conversion by court appointed guardian under statute of frauds).

Ask about other case success Stokes-Dekalb 2014; King-Troup 2014; Elkins-Muscogee 2014; Young-Hall 2013; Lieben Speedsportz/Bankruptcy 2013; Caswell/Noel-Madison 2012: Braddy/Muscogee 2007; Dize/Gwinnett 2004; Hyman/Bankruptcy 1998.

Publications-Seminar Speaker
-American Bar Association, The Law of Probate Bonds (2nd ed), Chapter 8 Surety Liability for Money Borrowed by Principal and Chapter 9 Surety Liability for Acts Occurring Prior to Bond (2015).
-American Bar Association, The Law of Motor Vehicle Dealer Bonds, Chapter 2-Georgia pp 75-80 (2006).
-American Bar Association, The Law of Probate Bonds (1st ed), Chapter 10 Penal Sum Issues Relating to -Probate Bonds (Chicago 2001).
-State Bar of Georgia, Fiduciary Section—Hot Topics in Guardianships and Mock Trials (2007, 2008, 2009, 2011)
-Dekalb County Bar Association-Bonds for Probate Fiduciaries 2010
-Gwinnett County Bar Association- Probate Bonds (2013)
-Atlanta Bar Association-Bonds for Estates (2008)
-National Business Institute
-Estate Administration A to Z Chapter 7 Addressing Claims Against the Estate (August 2019)
-25 Steps to Perfect Probate, Chapter 9 Distributions-Insights from the Pros (December 2018).
-The Probate Process from Start to Finish, Chapter 6 Litigating the Case in Probate Court (August 2018).
-Estate Administration from Start to Finish, Chapter 7 Distribution and Closing the Estate (October 2017)
-Collection Law from Start to Finish, Chapter 1 Overview of Debt Collection Process (June 2017).
-The Probate Process from Start to Finish, Chapter Handling Claims Against the Estate and Chapter 8 Sales and Distributions (March 2017).
-Collection Law from Start to Finish, Chapter 2 The Fair Debt Collection Practices Act, (November 2015).
-Estate Administration Procedures Why Each Step is Important (December 2014).
-Southern Surety and Fidelity Claims Conference 1990-2018 (topics Bankruptcy, Indemnity, Collection, Miscellaneous Bonds, Mortgage Broker Bonds, Used Motor Vehicle Dealer Bonds, Lien Bonds, Appeal Bonds)

Practise Area
Breach of contract; creditor representation in bankruptcy; construction performance, payment, subcontractor, and completion issues; contract bonds; commercial and miscellaneous bonds; debt collection, enforcement, indemnity, investigation, salvage, subrogation, and discovery; employee dishonesty, fraud and fidelity disputes; estate planning and administration; evictions and foreclosures; fiduciary obligations; disputes with financial institutions (banks, credit card companies, credit unions, finance companies, mortgage companies, and other lenders); judgment domestication; liens, and security interests; suretyship; UCC financing statements; negotiation, mediation, arbitration, and settlement; probate; trusts, wills, and conservatorships.