November 24, 2021
The transfer of title in a real estate foreclosure is not a transfer on account of an antecedent debt and therefore can’t be a preference, at least in Florida.
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
November 17, 2021
Eleventh Circuit holds that the lack of notice required by Bankruptcy Rule 2002(c)(3) did not result in the invalidity of non-debtor, third-party releases in a chapter 11 plan.
November 10, 2021
The Eleventh Circuit has two standards for non-debtor releases: One for free-standing settlements and another for releases engrafted into chapter 11 reorganization plans
November 8, 2021
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
November 3, 2021
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
October 18, 2021
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
October 11, 2021
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
September 28, 2021
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.
September 13, 2021
Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.