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11th Circuit and 2 Live Crew: Contingent Copyright Termination Rights Are Property of the Bankruptcy Estate, but Questions Remain
06/04/2026 ...[more]11th Circuit: Equitable Tolling Still Does Not Apply To Deadline For §523 Discharge Complaints
09/26/2025 ...[more]11th Circuit – Damages for False Imprisonment are Nondischargeable as Willful and Malicious Injury
08/05/2025 ...[more]US Trustee Investigating Possible Scheme to Take Debtors’ Equity in Real Property in Multiple Cases; Lawyer Sanctioned
05/14/2024 ...[more]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).
09/09/2022 ...[more]In a Case of First Impression, 11th Circuit Rules “New Value” Can Be Both Preference Defense and Administrative Claim
08/02/2022 In Auriga Polymers, Inc. v. PMCM2, LLC, as Liquidating Trustee , No. 20-14647, 2022 WL 2800195 (11th Cir. ...[more]11th Circuit Rules On The Georgia Real Property Remedial Statute – Who Is A “Subscribing Witness?”
04/08/2022 ...[more]Eleventh Circuit Addresses Deadlines to Appeal Order of District Court (when Acting as Bankruptcy Appellate Court) to Court of Appeals
03/08/2022 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 ...[more]Roth IRA Is Exempt Under New Georgia Exemption Laws, 11th Circuit Says in Case of First Impression
01/28/2022 ...[more]The Expansion of the Rooker-Feldman Doctrine is Over, and Far Fewer Cases Will Be Barred, says Eleventh Circuit Panel.
08/18/2021 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. ...[more]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.
03/26/2021 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. ...[more]Eleventh Circuit Allows Individual Chapter 11 Debtor To Argue Appointment Of Trustee Violated Thirteenth Amendment
03/11/2021 ...[more]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)
02/16/2017 ...[more]Georgia Supreme Court And Eleventh Circuit Agree: Health Savings Accounts NOT Exempt In Georgia.
01/29/2017 ...[more]11th Circuit: District Court Must Use Federal Rules of Bankruptcy Procedure, Not Civil Procedure, When Trying Case “Arising Under” Title 11.
04/11/2016 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 ...[more]11th Circuit Issues Important Opinion On What Constitutes A “Return” For Purposes Of Determining What Taxes Are Dischargeable Pursuant to §523(a)(1).
04/08/2016 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. ...[more]11th Circuit: FDCPA Requirements Apply Equally To Communications with Debtor’s Lawyer
04/06/2016 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 ...[more]Filing Proof Of Claim For Time Barred Debt Violates FDCPA, Says Eleventh Circuit, But They Leave An Escape Hatch.
01/25/2016 In the last couple of years, claims against creditors for alleged violations of the Fair Debt Collection Practices Act (FDCPA) have become a hot item in Bankruptcy Courts. One such question is whether the filing of a pr ...[more]