11th Circuit

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.

Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.

A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.

Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.