Eleventh Circuit Differentiates the Two Standards for Approval of Non-Debtor Releases
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
Court:
Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
Court:
Lender Was Lucky to Recover Anything on an Unauthorized $5.2 Million Loan
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.
Student Loans Were Discharged Only with Assistance from Pro Bono Counsel
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
Time Limits for Effecting Service of Process Can Be Flexible, Eleventh Circuit Says
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.
Court:
Pawn Loans May Be Modified in Chapter 13 if There Wasn’t a Default Before Filing
Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.
Court:
Eleventh Circuit Predicted to Split with the Second Circuit on Foreign Recognition
Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
Gerrymandering to Create an Accepting Class Didn’t Pass Muster in Orlando, Fla.
Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.
Claims Not Scheduled Before the Bar Date Aren’t Always Excepted from Discharge
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.