11th Circuit

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.

District Court Drubs Mine Workers by Allowing Sale of Coal Assets

Union needs a quickie appeal to the Eleventh Circuit to stop Walter Energy sale.

Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure

Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

Georgia Supreme Court to Decide on Exemption for Health Savings Account

The Eleventh Circuit punts on exempting HSAs under Georgia law.

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

Debtors Throw Away $36,500 and Their Discharges at the Same Time

Judge can’t save debtors from the consequences of their self-inflicted wounds.

Florida Bankruptcy Judge Splits with Seventh Circuit on Attorney/Client Privilege

Client questionnaires are held to be protected by the attorney/client privilege.

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.