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October 09, 2019

Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.

October 03, 2019

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

October 02, 2019

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.

August 30, 2019

An action that could violate the FDCPA may not be a violation of the discharge injunction.

August 22, 2019

Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.

August 14, 2019

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.

July 29, 2019

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

July 24, 2019

Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.

July 01, 2019

Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute.

June 10, 2019

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.