Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders
Judge Erik Kimball explains why retainers are free of lenders’ liens.
Judge Bonapfel Sides with Fifth Circuit on ‘Equivalent Value’ in Ponzi Schemes
Innocent suppliers to Ponzi schemes are given protection from fraudulent transfer claims.
Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions
A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.
Court:
Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal
Consistent, dilatory conduct required for dismissing an appeal, circuit says.
Court:
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Court:
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.
Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds
Mishandling collateral is nondischargeable even if the security interest is unperfected.
Court:
District Courts Lack Jurisdiction to Enforce Discharge Injunctions
Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.
Court:
Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud
For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.
Chapter 13 Stretches Out the Time for Redeeming Pawned Property
Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.