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Displaying Journal Articles with Topic 11th Circuit

January 7, 2019

Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.

December 13, 2018

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

Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.

November 9, 2018

Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.

November 7, 2018

Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.

November 5, 2018

A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.

October 10, 2018

A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.

August 20, 2018

Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.

August 16, 2018

Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.

August 8, 2018

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).

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