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.
Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.
Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.
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.
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
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.
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
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.
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.