Invocation of Rooker-Feldman Requires Finality in the State Court Judgment Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says. Read more about Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says. Judge Name - Do not use it. James R. Sacca Read more about Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property. Judge Name - Do not use it. John T. Laney, III Read more about Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9 Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans. Judge Name - Do not use it. Adalberto Jordan Read more about Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9
Circuit Split Narrows on the New Value Defense to a Preference Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference. Judge Name - Do not use it. Julie E. Carnes Read more about Circuit Split Narrows on the New Value Defense to a Preference
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4). Judge Name - Do not use it. Robert A. Mark Read more about Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed. Read more about Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says Eleventh Circuit explains when a final order may not remain a final order. Read more about Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules Compensation for brain injury is a disability payment, not payment on a tort claim. Judge Name - Do not use it. John K. Olson Read more about Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7. Judge Name - Do not use it. Gonzalo P. Curiel, Laurel M. Isicoff Read more about Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say