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.
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Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation
Harassing a former lover isn’t an automatic stay violation.
Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization
Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.
Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption
Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.
Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
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.
Florida Judge Bars Redesignation Under the SBRA When Deadlines Have Already Lapsed
With deadlines already elapsed, Judge Grossman disagrees with three judges who allowed redesignation under subchapter V of chapter 11.
Debtors and the SBA Fight to a Draw Last Week on PPP ‘Loans’
Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.
2% of Increased U.S. Trustee Fees Held Unconstitutional
Florida judge largely agrees with a Delaware judge by holding that the increase in fees for the U.S. Trustee program is neither impermissibly retroactive nor unconstitutional, mostly speaking.
Courts Ignore Farrey to Achieve an Equitable Result in a Matrimonial Bankruptcy
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.