Florida

Eleventh Circuit Predicted to Split with the Second Circuit on Foreign Recognition

Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.

Gerrymandering to Create an Accepting Class Didn’t Pass Muster in Orlando, Fla.

Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.

Claims Not Scheduled Before the Bar Date Aren’t Always Excepted from Discharge

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

Subchapter V Trustee Removed for an Undisclosed Conflict of Interest

Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.

Selling Assets of a Defunct Business Is a Legitimate Activity in ‘Sub V,’ Florida Judge Says

The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.

Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.

Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption

Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.

Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

PACA Violation Doesn’t Result in Nondischargeability for Defalcation, Tampa Judge Says

On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.

Subchapter V by Itself Doesn’t Bar Class Claims, Florida Judge Says

Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.

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