Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal
Consistent, dilatory conduct required for dismissing an appeal, circuit says.
Court:
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Court:
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.
Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds
Mishandling collateral is nondischargeable even if the security interest is unperfected.
Court:
District Courts Lack Jurisdiction to Enforce Discharge Injunctions
Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.
Court:
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.
Chapter 13 Stretches Out the Time for Redeeming Pawned Property
Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.
Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
Court:
Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing
Passage of time converts a final order into an interlocutory order.