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 DistrictJune 08, 2020
Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract
In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
11th CircuitJune 05, 2020
Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says
Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.
11th CircuitJune 02, 2020
Liquidating in Chapter 11 Won’t Stop an EEOC Suit for Employment Discrimination
Magistrate judge decided that the regulatory power exception to the automatic stay allows the EEOC to proceed, but he stayed the suit by the former employee seeking damages.
11th Circuit, Georgia, Georgia Northern DistrictMay 07, 2020
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
11th CircuitApril 28, 2020
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
11th Circuit, Georgia, Georgia Northern DistrictApril 16, 2020
2% of Increased U.S. Trustee Fees Held Unconstitutional
Florida judge largely agrees with a Delaware judge by holding that the increase in fees for the U.S. Trustee program is neither impermissibly retroactive nor unconstitutional, mostly speaking.
11th Circuit, Florida, Florida Southern DistrictFebruary 27, 2020
Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
11th CircuitJanuary 28, 2020
Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
November 06, 2019
Courts Ignore Farrey to Achieve an Equitable Result in a Matrimonial Bankruptcy
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
11th Circuit, Florida, Florida Southern District