Florida Southern District
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.
Judge Erik Kimball explains why retainers are free of lenders’ liens.
Passage of time converts a final order into an interlocutory order.
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.