Florida Middle District

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.

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.

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.

A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

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.

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.