Rochellel's Daily Wire

May 06, 2024

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

11th Circuit, Florida, Florida Southern District

February 22, 2024

Equitable Mootness Didn’t Stop the Court from Taking Away Stock Bought in a Plan

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

11th Circuit, Florida, Florida Southern District

January 18, 2024

Debt Purchaser Socked $65,000 for a Discharge Violation

Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.

11th Circuit, Florida, Florida Southern District

November 14, 2023

Rooker-Feldman Only Applies to Someone Who Was a Party in State Court

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

11th Circuit, Florida, Florida Middle District

October 13, 2023

Debtor’s Subchapter S Status Is Estate Property that an Owner Can’t Terminate

Bankruptcy Judge Russin declines to follow the Third Circuit and adopts the conclusion of bankruptcy courts holding that Sub S status is estate property.

11th Circuit, Florida, Florida Southern District

September 18, 2023

The Absolute Priority Rule Is Alive and Well in Individual Chapter 11 Cases

The BAPCPA amendments in 2005 did not abrogate the absolute priority rule for individuals in chapter 11, Bankruptcy Judge Russin says.

11th Circuit, Florida, Florida Southern District

May 02, 2023

A Writ of Possession Doesn’t Terminate a Lease or Preclude Assumption

A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.

11th Circuit, Florida, Florida Southern District

April 20, 2023

Another Court Holds that Debts of Corporate Sub V Debtors Can’t Be Nondischargeable

Contrary to the Fourth Circuit, five bankruptcy courts have now held there’s no such thing as nondischargeability for corporate Sub V debtors. The question is now before the Fifth Circuit.

11th Circuit, Florida, Florida Middle District

April 18, 2023

Notification of Bankruptcy Requires Lifting Garnishment of Post-Petition Income

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

11th Circuit, Florida, Florida Middle District

February 17, 2023

Sub V Plan Can Require Automatic Increases Based on Actual Disposable Income

A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.

11th Circuit, Florida, Florida Middle District