September 26, 2016
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
A house that wasn’t a homestead on the filing date held eligible for the exemption.
11th Circuit, Florida, Florida Middle DistrictSeptember 21, 2016
FDCPA’s One-Year Statute of Limitations Strictly Enforced
FDCPA suit must begin within one year of the filing of a time-barred claim.
11th Circuit, Alabama, Alabama Middle DistrictSeptember 13, 2016
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
11th Circuit, Alabama, Alabama Northern DistrictSeptember 07, 2016
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
11th Circuit, Georgia, Georgia Middle DistrictSeptember 06, 2016
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
11th Circuit, Florida, Florida Southern DistrictAugust 30, 2016
Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
For serial filers, automatic stay held to terminate only on the debtor’s property.
11th Circuit, Alabama, Alabama Middle DistrictAugust 16, 2016
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
11th Circuit, Georgia, Georgia Southern DistrictAugust 15, 2016
Chapter 13 Confirmation Bars Garnishment to Pay Child Support
BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.
11th CircuitAugust 08, 2016
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
11th Circuit, Alabama, Alabama Middle DistrictAugust 04, 2016
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
11th Circuit, Florida, Florida Middle District