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 DistrictMay 22, 2018
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
11th Circuit, Georgia, Georgia Northern DistrictMay 16, 2018
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
11th Circuit, Florida, Florida Southern DistrictMay 14, 2018
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
11th CircuitApril 03, 2018
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
11th CircuitMarch 01, 2018
Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing
Debtors aren’t required to turn over tax returns that don’t exist.
11th Circuit, Georgia, Georgia Northern DistrictFebruary 08, 2018
Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal
Relation-back kicks in if an earlier motion contains the elements of a complaint.
11th CircuitJanuary 31, 2018
Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet
There is no implied assumption of an executory employment contract under the Bankruptcy Code.
11th Circuit, Alabama, Alabama Northern DistrictJanuary 09, 2018
Alabama District Judge Remains Antagonistic Toward Discharging Student Loans
ICRPs are always a factor in discharging student loans.
11th Circuit, Alabama, Alabama Middle DistrictDecember 21, 2017
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
11th Circuit, Georgia, Georgia Northern District