Follow the Rules or Lose an Exemption in a New Home While in Chapter 13
Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.
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Eleventh Circuit Bans Chapter 11 Debtors from Receiving ‘PPP’ Loans
The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.
Circuit Whacks a Bankruptcy Lawyer with Sanctions for a Brief ‘Littered’ with ‘Rants’
Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.
A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?
Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.
An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V
To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’
Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications
Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.
Sanctions of $150,000 Upheld Against Nationwide Consumer Firm
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.