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ABI Journal

Rochellel's Daily Wire

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 District

October 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 Circuit

October 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 District

October 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 District

August 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 Circuit

August 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 Circuit

August 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 Circuit

July 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 District

July 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 Circuit

July 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