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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Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Compensation for brain injury is a disability payment, not payment on a tort claim.
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.