11th Circuit

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.’

Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine

Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
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Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly

Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
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Fourth Circuit Stands Alone in Limiting Chapter 13 Plan Modifications

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.
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Sanctions of $150,000 Upheld Against Nationwide Consumer Firm

When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
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Florida Judge Bars Redesignation Under the SBRA When Deadlines Have Already Lapsed

With deadlines already elapsed, Judge Grossman disagrees with three judges who allowed redesignation under subchapter V of chapter 11.

Debtors and the SBA Fight to a Draw Last Week on PPP ‘Loans’

Courts still have no consensus about debtors’ right to receive PPP ‘loans’ under the Cares Act.

Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
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Routine Withdrawals from a Bank Account Aren’t ‘Transfers,’ Eleventh Circuit Says

Receiver barred from bringing aiding and abetting claims if the company was dominated by fraudsters.
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