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11th Circuit

After 180 Days, Confirmation Can’t Be Vacated, Even for the Best of Reasons

Federal Rule 60(b) can’t ‘end run’ Section 1144, Bankruptcy Judge Kimball holds.

11th Circuit
Florida
Florida Southern District

The Eleventh Circuit Rails Against ‘Prudential Standing’

Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.

11th Circuit

Eleventh Circuit Invited to Sit En Banc on Eligibility for Chapter 15 Recognition

For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.

11th Circuit

Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption

The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.

11th Circuit

Equitable Mootness Didn’t Stop the Court from Taking Away Stock Bought in a Plan

If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.

11th Circuit
Florida
Florida Southern District

Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

11th Circuit
Alabama
Alabama Southern District

Debt Purchaser Socked $65,000 for a Discharge Violation

Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.

11th Circuit
Florida
Florida Southern District

For ‘Sub V’ Eligibility, Count the Debt of Affiliates Liquidating in Chapter 7

Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.

11th Circuit
Georgia
Georgia Northern District

Finality of a Contempt Order Drawn into Question in the Eleventh Circuit

Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.

11th Circuit

Rooker-Feldman Only Applies to Someone Who Was a Party in State Court

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

11th Circuit
Florida
Florida Middle District
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