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In the recent decision of Taggart v. Lorenzen, the Supreme Court held that a court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
What does no fair ground of doubt mean?
The Supreme
In a recent case out of the Southern District of Florida, the Court outlined the standard for dismissal of an individual’s Chapter 7 case based on the Debtor’s pre-petition bad faith behavior.
The statutory language of § 707(a) outlines the three nonexclusive bases a chapter 7 case may be dismissed for “cause,” including unreasonable delay
On November 15, 2018, the Florida Supreme Court held that “an allegation that a trial judge is a Facebook ‘friend’ with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.”
The statute which governs a motion to disqualify requires that the moving party file an affidavit in
Perishable Agricultural Commodities Act (“PACA”) creates a trust to protect produce suppliers.
In a recent S.D. of Florida Bankruptcy Case, the issue before the Court was whether a PACA trust is the type of trust that gives rise to actionable fiduciary capacity under Section 523(a)(4) – the exception to discharge of debt “for fraud
In an excellent decision for preference targets, the Eleventh Circuit recently held in the case of Kaye v. Blue Bell Creameries, Inc. (In re BFW Liquidation, LLC) that the new value defense, under Section 547(c)(4), does not require new value to remain unpaid.
In reaching this conclusion, the 11th Circuit has found common ground
Debtors generally file a bankruptcy petition seeking a fresh start, free from their personal debts. Debtors have the option to agree to pay certain debts to retain a car or other property through reaffirmation agreements and lease assumption. Reaffirmation or lease assumption may seem like a good option at the time – when for instance
IRA and 401(k) retirement accounts are generally exempt from claims of creditors pursuant to Section 222.21, Florida Statutes and Section 522 of the Bankruptcy Code. For this reason, these types of retirement accounts can be a useful asset protection tool. However, as I have mentioned in previous blog posts, there are exceptions to every
My November, December, and February posts, discussed details of homestead protection in Florida including requirements, benefits and pitfalls. If you are married, another asset protection and estate planning tool available to you is Tenants by the Entirety (“TBE”) ownership. In Florida, a married couple may own several types of property TBE, including, but
In my August post, I discussed two cases. In the Failla case, the Eleventh Circuit affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property… [w]hile the debtor need not physically deliver the property to the secured party, the debtor is precluded from taking any action which would interfere with