11th Circuit

Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction

In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.

Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit

Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.

Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees

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.

Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction

Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.

Follow the Rules or Lose an Exemption in a New Home While in Chapter 13

Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.

Eleventh Circuit Bans Chapter 11 Debtors from Receiving ‘PPP’ Loans

The Eleventh Circuit decided that the SBA acted within its rulemaking power by precluding chapter 11 debtors from receiving PPP loans under the CARES Act.

Circuit Whacks a Bankruptcy Lawyer with Sanctions for a Brief ‘Littered’ with ‘Rants’

Eleventh Circuit hits an attorney for a brief citing Bugs Bunny rather than caselaw authority.

A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding

The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.

Why Must Unsecured Creditors Always Get the Dregs in Bankruptcy?

Judge Bonapfel explains why injuries to unsecured creditors in bankruptcy are the result of choices made by Congress.

An ‘Affiliate’ of a Public Company Is Barred from Reorganizing Under Subchapter V

To measure eligibility for subchapter V, the debtor must not be an affiliate of a public company that has 20% or more of the ‘voting securities.’