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Florida Southern District

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

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.

Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.

Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law

Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.

Paying Fees from Retainers Doesn’t Require Adequate Protection for Lenders

Judge Erik Kimball explains why retainers are free of lenders’ liens.

Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing

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

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.

Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure

Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.