Courts Split on Ability to Redeem a Tax Deed Under a Plan Another court rules on automatic removal of property from the estate under state law. Judge Name - Do not use it. Barbara Ellis-Monro Read more about Courts Split on Ability to Redeem a Tax Deed Under a Plan
Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says Motion for reconsideration must be made promptly, or due process violation will evaporate. Read more about Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order Split decision allows a lender to take property out of an estate automatically. Judge Name - Do not use it. Kevin Newsom, Charles R. Wilson Read more about Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy. Judge Name - Do not use it. Susan H. Black Read more about Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit
Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation. Judge Name - Do not use it. Leigh Martin May Read more about Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant Millennium-like third-party releases were approved without reaching constitutional issues. Judge Name - Do not use it. Julie Carnes Read more about Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit. Judge Name - Do not use it. Erik P. Kimball Read more about Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Disposable Income Does Not Include Voluntary Retirement Plan Contributions A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors. Judge Name - Do not use it. Beth Bloom Read more about Disposable Income Does Not Include Voluntary Retirement Plan Contributions
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel. Judge Name - Do not use it. Jill Pryor Read more about En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds. Judge Name - Do not use it. Wendy L. Hagenau Read more about Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia