August 26, 2021
Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.
August 25, 2021
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.
August 24, 2021
Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.
July 26, 2021
If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.
July 22, 2021
Citing Ritzen as the reason, the Eleventh Circuit disagreed with the Second Circuit regarding the finality of Rule 2004 discovery orders in chapter 15 cases.
June 21, 2021
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
June 18, 2021
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
June 2, 2021
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
May 21, 2021
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
May 13, 2021
On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.