Articles from Miami Bankruptcy Law Blog

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"Not for Publication"

Submitted by Anonymous (not verified) on Tue, 10/07/2014 - 16:16

ControversyThe topic of "not for publication" has raised  controvery over the years, the main issues precedential value and the ability to cite as precedent.

News and Hyperlinks

Submitted by Anonymous (not verified) on Sun, 10/05/2014 - 05:12

In the NewsDetroit Chapter 9 Bankruptcy:  No Free Water in Detroit - appeal to United Nations High Commission on Human Rights

11th Circuit - Two Days - Two 506 Decisions

Submitted by Anonymous (not verified) on Thu, 10/02/2014 - 05:30

Lien Stripping in Chapter 7 Last week, the 11th Circuit issued two back-to-back ("not for publication") decisions in  In re Phillip, 2014 WL 4802758 (11th Cir. Sept. 29, 2014) and  In re Vaner Iest, 2014 WL 4825253 (11th Cir. Sept. 30, 2014).  The mortgage lender in both cases was Bank of America, N.A.

11th Circuit: Karma, Law and Equity

Submitted by Anonymous (not verified) on Sat, 09/27/2014 - 04:22

A few days ago, the 11th Circuit  Court of Appeals issued its decision in the case of Airtran Airways, Inc., v.

Logical Fallacy and the Law: "Post Hoc Ergo Propter Hoc"

Submitted by Anonymous (not verified) on Wed, 09/24/2014 - 19:53

"Post hoc ergo propter hoc" - Latin for the fallacy of reasoning of "after this, therefore because of this."  President Bartlet in this episode from West Wing challenged the 27 lawyers in the room that at lease one of them should know the m

Preservation of Error, Civil Plain Error Exception, and Bankruptcy

Submitted by Anonymous (not verified) on Wed, 09/17/2014 - 16:57

"The recent Middle District of Florida decision in In re Nabavi, 2014 WL 3939595 (D.C. M.D. Florida, August 12, 2014) made reference to the 11th Circuit Court of Appeal’s longtime adoption of the "civil plain error rule" - an exception to the general rule that an appellate court will not consider an issue not raised in the lower court.  In the Nabavi  appeal to the District Court from the Bankruptcy Court, the creditor raised arguments which it had failed to bring before the Bankruptcy Court.

Indictment for Bankruptcy Crime in Palm Beach County

Submitted by Anonymous (not verified) on Mon, 09/15/2014 - 17:46

An indictment was filed a few days ago against former chapter 7 debtors in Palm Beach County. It provides an occasion to review the bankruptcy crimes provisions of title 18 of the United States Code.  

Finality and its Three Exceptions

Submitted by Anonymous (not verified) on Sun, 09/14/2014 - 20:16

A recent decision from the 11th Circuit Court of Appeals gives occasion to review the finality rule and its three exceptions. The 11th Circuit Court of Appeals decision in In re Donald J. Donovan, 532 F. 3rd 1134 (11th Cir. 2008) dealt with an appeal of the Bankruptcy Court's denial of an unsecured creditor's motion to dismiss a chapter 7 case as being "abusive".

Discharge of Malpractice Judgment in Bankruptcy

Submitted by Anonymous (not verified) on Sun, 09/14/2014 - 19:48

All debt is generally discharged in a chapter 7 bankruptcy case with certain important exceptions.

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