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11th Circuit

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.

11th Circuit
Florida
Florida Southern District

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.

11th Circuit
Georgia
Georgia Northern District

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.

11th Circuit

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.

11th Circuit
Florida
Florida Southern District

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.

11th Circuit
Georgia
Georgia Northern District

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.

11th Circuit

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.

11th Circuit

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.

11th Circuit
Florida
Florida Southern District

‘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.

11th Circuit
Florida
Florida Middle District

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.

11th Circuit
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