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11th Circuit

Courts Split on Standards Justifying Hardship Discharge

‘Catastrophic event’ not required for hardship discharge.

11th Circuit
Alabama
Alabama Northern District

Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds

Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.

11th Circuit

Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns

Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.

11th Circuit

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.

11th Circuit
Alabama
Alabama Middle District

District Court Drubs Mine Workers by Allowing Sale of Coal Assets

Union needs a quickie appeal to the Eleventh Circuit to stop Walter Energy sale.

11th Circuit
Alabama
Alabama Northern District

Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure

Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.

11th Circuit
Florida
Florida Southern District

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

11th Circuit
Florida
Florida Southern District

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

11th Circuit

Georgia Supreme Court to Decide on Exemption for Health Savings Account

The Eleventh Circuit punts on exempting HSAs under Georgia law.

11th Circuit

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit
Florida
Florida Southern District
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