July 01, 2025
‘Serious Concerns’ About a Conflict Aren’t Enough to Disqualify a Trustee’s Counsel
A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.
11th Circuit, Florida, Florida Southern DistrictMay 27, 2025
Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution
Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.
11th Circuit, Florida, Florida Southern DistrictMay 12, 2025
The ‘Domestic Violence’ Stay Exception Applies to Sexual Violence Decades Earlier
Bankruptcy Judge Robert Mark held that the Section 362(b)(2)(A)(v) exception to the automatic stay covers more than imminent or ongoing sexual abuse.
11th Circuit, Florida, Florida Southern DistrictMay 05, 2025
‘Notice’ in Rule 3002(c)(7) Means Notice of the Bar Date, Not Notice of the Case
Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.
11th Circuit, Florida, Florida Southern DistrictMay 02, 2025
Post-Petition or ‘Evergreen’ Retainers Are Permissible in Subchapter V, Judge Isicoff Says
A Sub V case was not of a ‘size or exceptional nature’ to justify a post-petition retainer when counsel could file interim fee applications.
11th Circuit, Florida, Florida Southern DistrictNovember 01, 2024
Substantive Consolidation May Proceed by Motion, District Judge Says
A district court in Florida upheld Bankruptcy Judge Peter Russin in holding that substantive consolidation does not require an adversary proceeding, a summons or a complaint.
11th Circuit, Florida, Florida Southern DistrictJuly 08, 2024
Courts Are Now Split on Ignoring Nonvoting Classes in Subchapter V Plans
Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.
11th Circuit, Florida, Florida Southern DistrictMay 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 DistrictFebruary 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 DistrictJanuary 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