11th Circuit

Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

Proceedings for Contempt Discharge Held Not Subject to Arbitration

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
11th Circuit Aug 19, 2019

Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use

Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
11th Circuit Aug 7, 2019

Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
11th Circuit Jun 26, 2019

State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains

Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute.

Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
11th Circuit Apr 5, 2019

Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts

Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue.

Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal

Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.