Judge Court
Southern District of Florida
Despite Schwab, Unlimited Exemptions Require an Objection Before the Deadline
Judge Isicoff explains why Schwab refines but does not overrule Taylor and why Schwab does not apply to unlimited exemptions.
Standards Laid Down for Bifurcated Fee Arrangement in the Southern District of Florida
Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.
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.
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.