A Sub V case was not of a ‘size or exceptional nature’ to justify a post-petition retainer when counsel could file interim fee applications.

Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.

The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.

A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.