January 12, 2016

Assignee for Creditors Has No Power to File Bankruptcy, 11th Circuit Says

Powers of an assignee for creditors are restrictive, not expansive.

11th Circuit

January 11, 2016

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.

11th Circuit

Florida Judge Reads Eleventh Circuit Conservatively on Third-Party Releases

Plan insulating business owners flunks the test for third-party releases.

11th Circuit, Florida, Florida Middle District

January 07, 2016

Florida District Court Again Overrides the FDCPA on Time-Barred Claims

Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.

11th Circuit, Florida, Florida Middle District

January 05, 2016

Coal Producer Walter Energy Authorized to Terminate Union Contracts and Benefits

Donald Trump represents hope for coal miners, but not for reasons you might think, judge says.

11th Circuit, Alabama, Alabama Northern District

December 15, 2015

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

11th Circuit, Florida, Florida Southern District

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

11th Circuit, Alabama, Alabama Middle District