Eleventh Circuit Cases

11th Circuit Affirms Availability Of "Value" Defense For Recipients Of Fraudulent Transfers Who Were Equity Holders Of Debtor

11/13/11

In Perkins v. Haines, et al, No. 10-10683 (11th Cir. October 27, 2011) (click here for .pdf of opinion), the 11th Circuit took a direct appeal of the Bankruptcy Court's order concerning the "value" defense in fraudulent transfer proceedings.

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11th Circuit Affirms Availability Of "Value" Defense For Recipients Of Fraudulent Transfers Who Were Equity Holders Of Debtor

11/13/11

In Perkins v. Haines, et al, No. 10-10683 (11th Cir. October 27, 2011) (click here for .pdf of opinion), the 11th Circuit took a direct appeal of the Bankruptcy Court's order concerning the "value" defense in fraudulent transfer proceedings.

[more]

Eleventh Circuit Affirms Private Employer's Right to Deny Employment Because Of Bankruptcy Filing

06/26/11

The Eleventh Circuit Court of Appeals has followed other courts (notably, the Fifth Circuit, as discussed here) in affirming the right of a private employer to deny employment based upon the applicant's filing of a bankruptcy petition.

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Eleventh Circuit Affirms Private Employer's Right to Deny Employment Because Of Bankruptcy Filing

06/26/11

The Eleventh Circuit Court of Appeals has followed other courts (notably, the Fifth Circuit, as discussed here) in affirming the right of a private employer to deny employment based upon the applicant's filing of a bankruptcy petition.

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11th Circuit Confirms That Potential Claims And Lawsuits Must Be Diclosed Or A Debtor Will Be Judicially Estopped From Pursuing Them.

02/28/10

There have been several cases over the years dismissing lawsuits by Debtors who failed to list the claim as an asset in their Bankruptcy schedules.  As the opinion below confirms, the same duty applies where the claim arose after the filing of a Chapter 13 case and even where the Debtor proposed to pay, and in fact did pay, all claims in full through a Chapter 13 plan.

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