Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
Invocation of Rooker-Feldman Requires Finality in the State Court Judgment
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules
Compensation for brain injury is a disability payment, not payment on a tort claim.
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.