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Home
October 10, 2018
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
11th Circuit
,
Georgia
,
Georgia Southern District
August 20, 2018
Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9
Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.
11th Circuit
August 16, 2018
Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
11th Circuit
August 08, 2018
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
11th Circuit
,
Florida
,
Florida Southern District
July 25, 2018
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
11th Circuit
July 05, 2018
Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says
Eleventh Circuit explains when a final order may not remain a final order.
11th Circuit
July 03, 2018
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Compensation for brain injury is a disability payment, not payment on a tort claim.
11th Circuit
,
Florida
,
Florida Southern District
June 18, 2018
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
11th Circuit
,
Florida
,
Florida Southern District
June 07, 2018
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
11th Circuit
,
Georgia
,
Georgia Northern District
May 30, 2018
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
11th Circuit
,
Florida
,
Florida Middle District
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