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ABI Journal

Florida

‘Serious Concerns’ About a Conflict Aren’t Enough to Disqualify a Trustee’s Counsel

A firm wasn’t disqualified when attorneys who left the firm long ago had represented an adversary in a possibly similar engagement.

Consent Is an Exception to Jevic’s Insistence on Respecting Priorities in Distribution

Consent from administrative creditors provided grounds for approving DIP financing and a sale when the estate was administratively insolvent.

The ‘Domestic Violence’ Stay Exception Applies to Sexual Violence Decades Earlier

Bankruptcy Judge Robert Mark held that the Section 362(b)(2)(A)(v) exception to the automatic stay covers more than imminent or ongoing sexual abuse.

‘Notice’ in Rule 3002(c)(7) Means Notice of the Bar Date, Not Notice of the Case

Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.

Post-Petition or ‘Evergreen’ Retainers Are Permissible in Subchapter V, Judge Isicoff Says

A Sub V case was not of a ‘size or exceptional nature’ to justify a post-petition retainer when counsel could file interim fee applications.

Judge Oldshue Splits with Two Circuits: No Nondischargeability for Sub V Corporations

The bankruptcy judge in Pensacola, Fla., is giving the Eleventh Circuit an opening to split with the Fourth and Fifth Circuits.

‘Accrual Test’ Again Survives to Say Whether the Debtor or the Estate Owns a Claim

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

Substantive Consolidation May Proceed by Motion, District Judge Says

A district court in Florida upheld Bankruptcy Judge Peter Russin in holding that substantive consolidation does not require an adversary proceeding, a summons or a complaint.

Courts Are Now Split on Ignoring Nonvoting Classes in Subchapter V Plans

Disagreeing with two bankruptcy courts in Houston, Miami’s Judge Isicoff holds that a Sub V plan with a nonvoting class can be confirmed only as a nonconsensual plan.

A Claim Is Unliquidated if It Requires the Exercise of Judgment or Discretion

Tort claims are usually unliquidated, but a contract claim is liquidated if it’s precisely determinable by agreement or operation of law, Judge Lori Vaughan says.