If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.
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.
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.
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.
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
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.
Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.
Harassing a former lover isn’t an automatic stay violation.
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.