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ABI Journal

Rochellel's Daily Wire

July 25, 2016

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

11th Circuit

July 18, 2016

An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt

Georgia district judge confronts creditors who file claims based on stale debts.

11th Circuit, Georgia, Georgia Southern District

July 13, 2016

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

11th Circuit

July 13, 2016

Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement

Circuit court rules on grounds less favorable for the debtor than the district judge’s.

11th Circuit

June 27, 2016

Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements

Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.

11th Circuit, Alabama, Alabama Middle District

June 03, 2016

Qui Tam Suits Are Exceptions from the Automatic Stay

Automatic stay is no safe harbor from suits under the False Claims Act.

11th Circuit, Florida, Florida Middle District

May 26, 2016

Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

11th Circuit

May 23, 2016

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

11th Circuit, Alabama, Alabama Northern District

May 05, 2016

District Court Bars Discharge When Student Loans Are Taken Voluntarily

District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.

11th Circuit, Alabama, Alabama Middle District

April 26, 2016

Courts Split on Standards Justifying Hardship Discharge

‘Catastrophic event’ not required for hardship discharge.

11th Circuit, Alabama, Alabama Northern District