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.
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Georgia Supreme Court to Decide on Exemption for Health Savings Account
The Eleventh Circuit punts on exempting HSAs under Georgia law.
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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.
Assignee for Creditors Has No Power to File Bankruptcy, 11th Circuit Says
Powers of an assignee for creditors are restrictive, not expansive.
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Florida Judge Reads Eleventh Circuit Conservatively on Third-Party Releases
Plan insulating business owners flunks the test for third-party releases.
11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation
Employing nonattorneys is a false economy for debt collectors.
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