Equitable Mootness Didn’t Stop the Court from Taking Away Stock Bought in a Plan
If a confirmation order is found not to be equitably moot on appeal, the debtor can’t raise equitable mootness again on remand.
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A Writ of Possession Doesn’t Terminate a Lease or Preclude Assumption
A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.
Judge Isicoff Explains Why a Foreclosure Sale Can’t Be a Preference
The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
To Sue a Subsequent Transferee, Proving a Fraudulent Transfer Isn’t Always Required
A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.
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
‘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
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
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
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Judge Name - Do not use it.
Laurel M. Isicoff