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11th Circuit

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

Georgia Supreme Court to Decide on Exemption for Health Savings Account

The Eleventh Circuit punts on exempting HSAs under Georgia law.

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

Debtors Throw Away $36,500 and Their Discharges at the Same Time

Judge can’t save debtors from the consequences of their self-inflicted wounds.

Florida Bankruptcy Judge Splits with Seventh Circuit on Attorney/Client Privilege

Client questionnaires are held to be protected by the attorney/client privilege.

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

Assignee for Creditors Has No Power to File Bankruptcy, 11th Circuit Says

Powers of an assignee for creditors are restrictive, not expansive.

Florida Judge Reads Eleventh Circuit Conservatively on Third-Party Releases

Plan insulating business owners flunks the test for third-party releases.

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.