11th Circuit | ABI

Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

Court :

Georgia Middle District

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

Court :

Florida Middle District

Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds

Debtors may face sanctions for continuing to occupy property they intend to surrender.

Court :

Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

Passage of time converts a final order into an interlocutory order.

Court :

Florida Southern District

Validity of Inherited Homestead Exemption Decided by Allusion to Baseball

A house that wasn’t a homestead on the filing date held eligible for the exemption.

Court :

Florida Middle District

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

Court :

Alabama Middle District

Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

Court :

Alabama Northern District

Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender

Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.

Court :

Georgia Middle District

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

Court :

Florida Southern District

Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.

Court :

Alabama Middle District

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