News Topic: Eleventh Circuit Cases
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11th Circuit and 2 Live Crew: Contingent Copyright Termination Rights Are Property of the Bankruptcy Estate, but Questions Remain
11th Circuit: Equitable Tolling Still Does Not Apply To Deadline For §523 Discharge Complaints
11th Circuit – Damages for False Imprisonment are Nondischargeable as Willful and Malicious Injury
US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned
The Discharge Injunction – Violations and Damages
Obituary of Judge Walter Homer Drake, Jr.
In Case of First Impression 11th Circuit Holds Debt of PACA Trustee Not Excepted From Discharge Pursuant to 11 U.S.C. §523(a)(4).
In a Case of First Impression, 11th Circuit Rules “New Value” Can Be Both Preference Defense and Administrative Claim
In Auriga Polymers, Inc. v. PMCM2, LLC, as Liquidating Trustee , No. 20-14647, 2022 WL 2800195 (11th Cir. ... Read full article
11th Circuit Rules On The Georgia Real Property Remedial Statute – Who Is A “Subscribing Witness?”
Eleventh Circuit Addresses Deadlines to Appeal Order of District Court (when Acting as Bankruptcy Appellate Court) to Court of Appeals
In a relatively brief opinion, the Eleventh Circuit Court of Appeals ruled on the deadlines for appealing an order from the District Court (acting as an appellate court for a Bankruptcy Court Order) to the Court of Appeals. Appellants appealed a ... Read full article
Roth IRA Is Exempt Under New Georgia Exemption Laws, 11th Circuit Says in Case of First Impression
The Expansion of the Rooker-Feldman Doctrine is Over, and Far Fewer Cases Will Be Barred, says Eleventh Circuit Panel.
Apologies in advance for the lengthy post and quotes, but my goal was to provide a meaningful summary of the change-of-course for the Eleventh Circuit and scaling back the application of the Rooker-Feldman Doctrine. ... Read full article
11th Circuit – Creditor Cannot Pursue Pre-Petition Fraudulent Transfer Claims Against Debtor for Non-Dischargeable Debt; Establishes Standard of Review for In re Jet Florida.
In SuVicMon Development, Inc. v. Morrison , __ F.3d __, 2021 WL 1136546 (11th Cir. March 25, 2021) ( click here for .pdf ), the plaintiffs are three corporations that sued the Debtor for fraud and securities violations in state court. ... Read full article
Eleventh Circuit Allows Individual Chapter 11 Debtor To Argue Appointment Of Trustee Violated Thirteenth Amendment
11th Circuit Addresses Split Of Authority: Oral Statement Respecting Single Asset Falls Within Scope Of §523(a)(2)(A) Rather Than §523(a)(2)(A)
Georgia Supreme Court And Eleventh Circuit Agree: Health Savings Accounts NOT Exempt In Georgia.
11th Circuit: District Court Must Use Federal Rules of Bankruptcy Procedure, Not Civil Procedure, When Trying Case “Arising Under” Title 11.
In a published opinion entered on April 8, 2016, the Eleventh Circuit Court of Appeals held that District Courts are obliged to use and apply the Federal Rules of Bankruptcy Procedure rather than the Federal Rules o ... Read full article
11th Circuit Issues Important Opinion On What Constitutes A “Return” For Purposes Of Determining What Taxes Are Dischargeable Pursuant to §523(a)(1).
The question of what constitutes a tax “return” for purposes of 11 U.S.C. §523(a)(1) has been the subject of conflicting Circuit Court cases the last several years. ... Read full article
11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer
The Eleventh Circuit recently addressed three issues of first impression in the Circuit regarding the application of the Fair Debt Collection Practices Act (FDCPA) to letters to consumers’ lawyers. Not surprising ... Read full article