11th Circuit

Eleventh Circuit splits with four other circuits by holding that the Barton doctrine doesn’t protect trustees once the bankruptcy is over.

Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

Harassing a former lover isn’t an automatic stay violation.

A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.

The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.

Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.

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.

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

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