Federal Judgment Rate Is Employed when Claims Are Paid in Full
Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).
Bar Date Not Extended Three Days for Service by Mail
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.
Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws
Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).
Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds
Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).
Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired
Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.
Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions
A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.
Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal
Consistent, dilatory conduct required for dismissing an appeal, circuit says.
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.
Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds
Mishandling collateral is nondischargeable even if the security interest is unperfected.