May 13, 2021
On an upcoming certified appeal, the Eleventh Circuit can decide whether violating a PACA trust is a ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable.
May 10, 2021
Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.
January 18, 2021
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
November 9, 2018
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.
May 30, 2018
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
July 7, 2017
Courts split on inclusion of life insurance proceeds in a chapter 13 estate.