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Florida Southern District

Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says

Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).

Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules

Compensation for brain injury is a disability payment, not payment on a tort claim.

Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say

Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.

‘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.

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