December 23, 2024
‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim
There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.
11th Circuit, Florida, Florida Middle DistrictJuly 05, 2024
A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion
Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.
11th Circuit, Florida, Florida Middle DistrictNovember 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 DistrictApril 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 DistrictApril 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 DistrictFebruary 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 DistrictJuly 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 DistrictMarch 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 DistrictDecember 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 DistrictNovember 08, 2021
Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
11th Circuit, Florida, Florida Middle District