The Eleventh Circuit Rails Against ‘Prudential Standing’
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
Court:
Eleventh Circuit Invited to Sit En Banc on Eligibility for Chapter 15 Recognition
For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.
Court:
Rooker-Feldman Held Not to Prevent Relitigation of a Denied Exemption
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
Court:
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.
Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements
District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.
Debt Purchaser Socked $65,000 for a Discharge Violation
Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.
For ‘Sub V’ Eligibility, Count the Debt of Affiliates Liquidating in Chapter 7
Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.
Finality of a Contempt Order Drawn into Question in the Eleventh Circuit
Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.
Court:
Rooker-Feldman Only Applies to Someone Who Was a Party in State Court
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
Georgia Judge Approves a Chapter 11 Plan with Nonconsensual, Nondebtor Releases
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.