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11th Circuit

Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says

When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.

11th Circuit

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 District

Another Bankruptcy Judge Decided that Sub V Classes with No Votes Aren’t Accepting

Bankruptcy Judge Paul Bonapfel differed with two judges in Houston by holding that a nonaccepting class in Subchapter V means that a plan must be confirmed in cramdown.

11th Circuit
Georgia
Georgia Northern District

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 District

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 District

Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?

Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.

11th Circuit

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

The Eleventh Circuit Rails Against ‘Prudential Standing’

Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.

11th Circuit

Eleventh Circuit Invited to Sit En Banc on Eligibility for Chapter 15 Recognition

For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.

11th Circuit

Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption

The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.

11th Circuit
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