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11th Circuit

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.

Baker Botts Read Narrowly on Compensation for Defending Fee Application

Florida judge allows fees for supplementing application with more detail.

Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds

Debtors may face sanctions for continuing to occupy property they intend to surrender.
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Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

Passage of time converts a final order into an interlocutory order.

Validity of Inherited Homestead Exemption Decided by Allusion to Baseball

A house that wasn’t a homestead on the filing date held eligible for the exemption.

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender

Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

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