December 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 Circuit

December 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 Circuit

November 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 District

November 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 District

October 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 Circuit

October 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 Circuit

August 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 Circuit

August 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 Circuit

August 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

June 17, 2020

Debtors and the SBA Fight to a Draw Last Week on PPP ‘Loans’

Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.

11th Circuit, Florida, Florida Northern District