December 29, 2020
Eleventh Circuit Bans Chapter 11 Debtors from Receiving ‘PPP’ Loans
The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.
11th CircuitDecember 21, 2020
Circuit Whacks a Bankruptcy Lawyer with Sanctions for a Brief ‘Littered’ with ‘Rants’
Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.
11th CircuitDecember 01, 2020
A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
11th CircuitNovember 19, 2020
Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.
11th Circuit, Georgia, Georgia Northern DistrictNovember 13, 2020
An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V
To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’
11th Circuit, Georgia, Georgia Northern DistrictOctober 26, 2020
Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
11th CircuitOctober 02, 2020
Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
11th CircuitAugust 27, 2020
Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications
Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.
11th CircuitAugust 25, 2020
Sanctions of $150,000 Upheld Against Nationwide Consumer Firm
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
11th CircuitAugust 13, 2020
Florida Judge Bars Redesignation Under the SBRA When Deadlines Have Already Lapsed
With deadlines already elapsed, Judge Grossman disagrees with three judges who allowed redesignation under subchapter V of chapter 11.
11th Circuit, Florida, Florida Southern District