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11th Circuit

Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet

There is no implied assumption of an executory employment contract under the Bankruptcy Code.

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says

Motion for reconsideration must be made promptly, or due process violation will evaporate.

Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order

Split decision allows a lender to take property out of an estate automatically.

Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit

Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.

Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation

Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.

Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant

Millennium-like third-party releases were approved without reaching constitutional issues.

Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.