Who Gets Insurance Proceeds When a Car Is ‘Totaled’ in Chapter 13?
Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.
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General Default Judgment Didn’t Satisfy Requirements of Issue Preclusion, Circuit Says
If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.
Circuits Split on Finality of Rule 2004 Discovery Orders in Chapter 15 Cases
Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
Barton Protection Ends When the Bankruptcy Case Closes, Eleventh Circuit Says
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
PACA Violation Doesn’t Result in Nondischargeability for Defalcation, Tampa Judge Says
On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.
Subchapter V by Itself Doesn’t Bar Class Claims, Florida Judge Says
Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.
Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation
Harassing a former lover isn’t an automatic stay violation.