Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet
There is no implied assumption of an executory employment contract under the Bankruptcy Code.
Alabama District Judge Remains Antagonistic Toward Discharging Student Loans
ICRPs are always a factor in discharging student loans.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says
Motion for reconsideration must be made promptly, or due process violation will evaporate.
Court:
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
Court:
Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit
Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.
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Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation
Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.
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Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Millennium-like third-party releases were approved without reaching constitutional issues.
Court:
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
Disposable Income Does Not Include Voluntary Retirement Plan Contributions
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.