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).
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.
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.
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.
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
Courts Ignore Farrey to Achieve an Equitable Result in a Matrimonial Bankruptcy
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
Knowledge of Fraud Before Discharge Doesn’t Always Preclude Revocation
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.