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Displaying Journal Articles with Topic 11th Circuit
January 7, 2019
Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
December 13, 2018
Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
November 20, 2018
Order Approving an Option Held Non-Final and Non-Appealable
Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.
Florida Southern District
November 9, 2018
‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
Florida Middle District
November 7, 2018
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
November 5, 2018
Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy
A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.
Georgia Northern District
October 10, 2018
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
Georgia Southern District
August 20, 2018
Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9
Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.
August 16, 2018
Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
August 8, 2018
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
Florida Southern District