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11th Circuit

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

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.

11th Circuit
Florida
Florida Southern District

En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy

Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.

11th Circuit

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.

11th Circuit
Georgia
Georgia Northern District

Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.

11th Circuit
Florida
Florida Southern District
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