State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute. Read more about State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation. Judge Name - Do not use it. Erik P. Kimball Read more about Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says. Judge Name - Do not use it. Paul W. Bonapfel Read more about Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue. Judge Name - Do not use it. Julie Carnes Read more about Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement. Judge Name - Do not use it. Kathleen M. Williams Read more about Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window. Judge Name - Do not use it. Paul W. Bonapfel Read more about Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says. Judge Name - Do not use it. Jill Pryor Read more about Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split. Judge Name - Do not use it. Julie Carnes Read more about Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
Order Approving an Option Held Non-Final and Non-Appealable Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal. Judge Name - Do not use it. Beth Bloom Read more about Order Approving an Option Held Non-Final and Non-Appealable
‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped. Judge Name - Do not use it. Roberta A. Colton Read more about ‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks