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11th Circuit

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.

‘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.

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.
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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.

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.

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.
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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.
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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).

Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel

Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
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Reversing a Grant of Summary Judgment May or May Not Be a Final Order, Circuit Says

Eleventh Circuit explains when a final order may not remain a final order.
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