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11th Circuit

Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes

Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.

Circuit Split Widens over Discharging Taxes on Late-Filed Returns

The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.

Courts Ignore Farrey to Achieve an Equitable Result in a Matrimonial Bankruptcy

In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.

To Sue a Subsequent Transferee, Proving a Fraudulent Transfer Isn’t Always Required

A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.

Knowledge of Fraud Before Discharge Doesn’t Always Preclude Revocation

Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.

Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

Proceedings for Contempt Discharge Held Not Subject to Arbitration

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.

Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation

An action that could violate the FDCPA may not be a violation of the discharge injunction.

Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use

Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.

Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.