Rochellel's Daily Wire

September 09, 2021

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

Judge Vaughan 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

August 31, 2021

Gerrymandering to Create an Accepting Class Didn’t Pass Muster in Orlando, Fla.

Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.

11th Circuit, Florida, Florida Middle District

August 27, 2021

Claims Not Scheduled Before the Bar Date Aren’t Always Excepted from Discharge

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

11th Circuit, Florida, Florida Middle District

August 26, 2021

Subchapter V Trustee Removed for an Undisclosed Conflict of Interest

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

11th Circuit, Florida, Florida Middle District

August 25, 2021

Selling Assets of a Defunct Business Is a Legitimate Activity in ‘Sub V,’ Florida Judge Says

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

11th Circuit, Florida, Florida Middle District

June 02, 2021

Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption

Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.

11th Circuit, Florida, Florida Middle District

May 21, 2021

Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

11th Circuit, Florida, Florida Middle District

May 13, 2021

PACA Violation Doesn’t Result in Nondischargeability for Defalcation, Tampa Judge Says

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.

11th Circuit, Florida, Florida Middle District

May 10, 2021

Subchapter V by Itself Doesn’t Bar Class Claims, Florida Judge Says

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.

11th Circuit, Florida, Florida Middle District

May 07, 2021

Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation

Harassing a former lover isn’t an automatic stay violation.

11th Circuit, Florida, Florida Middle District