Florida

The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.

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.

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.

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.

When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.

Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.