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ABI Journal

11th Circuit

Georgia Court Differs with Circuit Opinions on PBGC Claim Calculation

Court says circuit opinions on PBGC claims before Supreme Court’s Raleigh opinion are no longer good law.

11th Circuit
Georgia
Georgia Southern District

Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders

Judge Erik Kimball explains why retainers are free of lenders’ liens.

11th Circuit
Florida
Florida Southern District

Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes

Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.

11th Circuit
Georgia
Georgia Northern District

Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions

A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.

11th Circuit

Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal

Consistent, dilatory conduct required for dismissing an appeal, circuit says.

11th Circuit

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.

11th Circuit

Judge Reverses Course and Allows Reclassification of Deficiency Claim

Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.

11th Circuit
Alabama
Alabama Northern District

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

11th Circuit

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud

For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.

11th Circuit
Florida
Florida Northern District
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