October 29, 2019
To Sue a Subsequent Transferee, Proving a Fraudulent Transfer Isn’t Always Required
A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.
11th Circuit, Florida, Florida Southern DistrictOctober 09, 2019
Knowledge of Fraud Before Discharge Doesn’t Always Preclude Revocation
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.
11th CircuitOctober 03, 2019
Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
11th Circuit, Georgia, Georgia Southern DistrictOctober 02, 2019
Proceedings for Contempt Discharge Held Not Subject to Arbitration
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
11th Circuit, Florida, Florida Middle DistrictAugust 30, 2019
Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation
An action that could violate the FDCPA may not be a violation of the discharge injunction.
11th CircuitAugust 22, 2019
Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use
Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
11th CircuitAugust 14, 2019
Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
11th CircuitJuly 29, 2019
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
11th Circuit, Alabama, Alabama Middle DistrictJuly 24, 2019
Veto Right Made All Directors Liable for Bad Decisions by a Few Directors
Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.
11th CircuitJuly 01, 2019
State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains
Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute.
11th Circuit