Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
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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.
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
Judge Name - Do not use it.
Erik P. Kimball
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
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
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
Judge Name - Do not use it.
Erik P. Kimball