Florida

Bankruptcy Judge Robert Mark held that the Section 362(b)(2)(A)(v) exception to the automatic stay covers more than imminent or ongoing sexual abuse.

Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.

There are two tests again for the existence of a claim, one test for claims against the debtor and another for claims by the debtor.

Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

Although the automatic stay does not require turning over property garnished before bankruptcy, a creditor may not continue garnishing property after filing, Judge Burgess says.

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.

With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.