Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13
Courts split on inclusion of life insurance proceeds in a chapter 13 estate.
Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud
For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.
Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
A house that wasn’t a homestead on the filing date held eligible for the exemption.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Surrendering Property Precludes a Debtor from Opposing Foreclosure
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.
District Judge Puts Limits on Policy Statement in Segal v. Rochelle
Continuing FLSA claims arising after filing are not subject to judicial estoppel.