11th Circuit | ABI

Qui Tam Suits Are Exceptions from the Automatic Stay

Automatic stay is no safe harbor from suits under the False Claims Act.

Court :

Florida Middle District

Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

Court :

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

Court :

Alabama Northern District

District Court Bars Discharge When Student Loans Are Taken Voluntarily

District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.

Court :

Alabama Middle District

Courts Split on Standards Justifying Hardship Discharge

‘Catastrophic event’ not required for hardship discharge.

Court :

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.

Court :

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

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

Court :

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.

Court :

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.

Court :

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.

Court :

Florida Southern District

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