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11th Circuit

Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit

Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.

11th Circuit

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

11th Circuit
Florida
Florida Middle District

Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction

Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.

11th Circuit
Georgia
Georgia Northern District

Follow the Rules or Lose an Exemption in a New Home While in Chapter 13

Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.

11th Circuit
Florida
Florida Southern District

Eleventh Circuit Bans Chapter 11 Debtors from Receiving ‘PPP’ Loans

The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.

11th Circuit

Circuit Whacks a Bankruptcy Lawyer with Sanctions for a Brief ‘Littered’ with ‘Rants’

Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.

11th Circuit

A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding

The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.

11th Circuit

Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?

Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.

11th Circuit
Georgia
Georgia Northern District

An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V

To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’

11th Circuit
Georgia
Georgia Northern District

Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine

Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?

11th Circuit
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