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11th Circuit

Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

11th Circuit

Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

11th Circuit
Alabama
Alabama Northern District

Alabama District Judge Remains Antagonistic Toward Discharging Student Loans

ICRPs are always a factor in discharging student loans.

11th Circuit
Alabama
Alabama Middle District

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.

11th Circuit
Georgia
Georgia Northern District

Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says

Motion for reconsideration must be made promptly, or due process violation will evaporate.

11th Circuit

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

11th Circuit

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.

11th 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.

11th Circuit

Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant

Millennium-like third-party releases were approved without reaching constitutional issues.

11th Circuit

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.

11th Circuit
Florida
Florida Southern District
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