April 23, 2021
Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization
Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.
11th Circuit, Florida, Florida Middle DistrictApril 13, 2021
Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
11th Circuit, Alabama, Alabama Middle DistrictMarch 30, 2021
General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
11th CircuitMarch 19, 2021
Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption
Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.
11th Circuit, Florida, Florida Middle DistrictMarch 15, 2021
Individual Chapter 11 Debtors Have Standing to Raise Thirteenth Amendment Claims
The Eleventh Circuit was ‘skeptical’ about a violation of the anti-slavery amendment resulting from the appointment of a chapter 11 trustee to oust an individual chapter 11 debtor in possession.
11th CircuitMarch 01, 2021
Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction
In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.
11th CircuitFebruary 22, 2021
Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
11th CircuitJanuary 18, 2021
Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
11th Circuit, Florida, Florida Middle DistrictJanuary 08, 2021
Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
11th Circuit, Georgia, Georgia Northern DistrictDecember 30, 2020
Follow the Rules or Lose an Exemption in a New Home While in Chapter 13
Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.
11th Circuit, Florida, Florida Southern District