Skip to main content

May 13, 2021

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.

May 10, 2021

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.

January 18, 2021

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

November 09, 2018

Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.

May 30, 2018

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

July 07, 2017

Courts split on inclusion of life insurance proceeds in a chapter 13 estate.