Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
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.
Lease-approval order held moot under Section 363(m) for lack of a stay pending appeal.
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).