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ABI Journal

Rochellel's Daily Wire

February 07, 2023

Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

11th Circuit, Florida, Florida Southern District

January 04, 2023

It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’

District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.

11th Circuit, Florida, Florida Northern District

December 02, 2022

Current IRS Expense Standards Used When Modifying a Chapter 13 Plan

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.

11th Circuit, Florida, Florida Southern District

July 28, 2022

A Tax Refund from Withheld Social Security Benefits Does Not Lose the Exemption

With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.

11th Circuit, Florida, Florida Middle District

May 26, 2022

Courts Split on Committee Intervention as of Right in Adversary Proceedings

The circuits are split on whether a creditors’ committee may intervene as of right in adversary proceedings under Section 1109(b).

11th Circuit, Florida, Florida Southern District

May 17, 2022

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.

11th Circuit, Florida, Florida Southern District

March 04, 2022

Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition

Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.

11th Circuit, Florida, Florida Middle District

February 24, 2022

Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.

11th Circuit, Florida, Florida Southern District

February 04, 2022

Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed

The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.

11th Circuit, Florida, Florida Southern District

December 16, 2021

Limits Placed on Rule 2004 Discovery After Chapter 11 Plan Confirmation

Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’

11th Circuit, Florida, Florida Middle District