Order Approving an Option Held Non-Final and Non-Appealable Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal. Judge Name - Do not use it. Beth Bloom Read more about Order Approving an Option Held Non-Final and Non-Appealable
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4). Judge Name - Do not use it. Robert A. Mark Read more about Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules Compensation for brain injury is a disability payment, not payment on a tort claim. Judge Name - Do not use it. John K. Olson Read more about Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7. Judge Name - Do not use it. Gonzalo P. Curiel, Laurel M. Isicoff Read more about Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages ‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge. Judge Name - Do not use it. Laurel M. Isicoff Read more about ‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit. Judge Name - Do not use it. Erik P. Kimball Read more about Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Disposable Income Does Not Include Voluntary Retirement Plan Contributions A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors. Judge Name - Do not use it. Beth Bloom Read more about Disposable Income Does Not Include Voluntary Retirement Plan Contributions
Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds. Judge Name - Do not use it. Laurel M. Isicoff Read more about Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers. Judge Name - Do not use it. Laurel M. Isicoff Read more about Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law
Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders Judge Erik Kimball explains why retainers are free of lenders’ liens. Judge Name - Do not use it. Erik P. Kimball Read more about Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders