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ABI Journal

Rochellel's Daily Wire

July 01, 2025

‘Serious Concerns’ About a Conflict Aren’t Enough to Disqualify a Trustee’s Counsel

A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.

11th Circuit, Florida, Florida Southern District

May 27, 2025

Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution

Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.

11th Circuit, Florida, Florida Southern District

May 21, 2025

Segal v. Rochelle May Remain Good Law Only in Limited Circumstances

The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.

11th Circuit, Georgia, Georgia Southern District

May 12, 2025

The ‘Domestic Violence’ Stay Exception Applies to Sexual Violence Decades Earlier

Bankruptcy Judge Robert Mark held that the Section 362(b)(2)(A)(v) exception to the automatic stay covers more than imminent or ongoing sexual abuse.

11th Circuit, Florida, Florida Southern District

May 05, 2025

‘Notice’ in Rule 3002(c)(7) Means Notice of the Bar Date, Not Notice of the Case

Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.

11th Circuit, Florida, Florida Southern District

May 02, 2025

Post-Petition or ‘Evergreen’ Retainers Are Permissible in Subchapter V, Judge Isicoff Says

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.

11th Circuit, Florida, Florida Southern District

February 26, 2025

Judge Oldshue Splits with Two Circuits: No Nondischargeability for Sub V Corporations

The bankruptcy judge in Pensacola, Fla., is giving the Eleventh Circuit an opening to split with the Fourth and Fifth Circuits.

11th Circuit, Florida, Florida Northern District

February 18, 2025

Nondischargeability in Sub V Only Applies When It’s a Nonconsensual, Cramdown Plan

A creditor must control a class before its debt can become nondischargeable in Subchapter V.

11th Circuit, Georgia, Georgia Middle District

December 23, 2024

‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

11th Circuit, Florida, Florida Middle District

December 11, 2024

Bankruptcy Courts Don’t Agree on What’s a ‘Consensual’ Nondebtor Release

Bankruptcy Judge Paul Baisier of Atlanta disagreed with Bankruptcy Judge Craig Goldblatt of Delaware about requiring creditors to vote before they are saddled with nondebtor releases in chapter 11 plans.

11th Circuit, Georgia, Georgia Northern District