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11th Circuit

Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment

Try garnishment, not contempt, to collect support from a chapter 13 debtor.

11th Circuit
Georgia
Georgia Southern District

Chapter 13 Confirmation Bars Garnishment to Pay Child Support

BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.

11th Circuit

Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees

$50,000 in punitive damages held excessive when actual damages were $1,500.

11th Circuit
Alabama
Alabama Middle District

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

11th Circuit
Alabama
Alabama Middle District

Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss

Evading payment of a debt is a valid use of chapter 7, Florida judge rules.

11th Circuit
Florida
Florida Middle District

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

11th Circuit

An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt

Georgia district judge confronts creditors who file claims based on stale debts.

11th Circuit
Georgia
Georgia Southern District

Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement

Circuit court rules on grounds less favorable for the debtor than the district judge’s.

11th Circuit

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

11th Circuit

Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements

Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.

11th Circuit
Alabama
Alabama Middle District
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