A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
Veto Right Made All Directors Liable for Bad Decisions by a Few Directors
Business judgment rule failed to protect directors of a Georgia bank for approving bad loans.
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State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains
Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute.
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Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem
Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue.
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Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
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Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
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