Articles from Miami Bankruptcy Law Blog

Primary tabs

Bankruptcy Creditors' Meeting

Submitted by Anonymous (not verified) on Mon, 06/20/2022 - 18:04

In a Chapter 7 or Chapter 13 bankruptcy case, a "creditors' meeting" (or "341 meeting") is held about six  weeks after the bankruptcy case is filed. Although called a "creditors' meeting," in most cases,  no creditors take the opportunity to attend.

Preservation of Error, Civil Plain Error Exception, and Bankruptcy

Submitted by Anonymous (not verified) on Mon, 06/20/2022 - 17:11

"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.

U.S. Supreme Court "Summary Dispositions"

Submitted by Anonymous (not verified) on Sun, 06/19/2022 - 17:11

The United States District Court of the Northern District of Florida landmark decision in Brenner, et al. v. Scott, etc., 999 F.Supp. 2d 1278 (2014), regarding the constitutionality of Florida's restrictions on marriage, makes reference to a U.S.

Chapter 13 Bankruptcy

Submitted by Anonymous (not verified) on Thu, 06/16/2022 - 18:05

Chapter 13 bankruptcy is used by people to reorganize a person's  financial affairs whiles under the protection of the Bankruptcy Court.

Section 541(a) Has Extraterritorial Effect

Submitted by Anonymous (not verified) on Thu, 06/16/2022 - 17:12

In the case of In re Rajapakse, 346 B.R. 233 (Bkrtcy.N.D.Gla.2005)(Massey, J.), the Chapter 7 Trustee sought an order directing the pro se chapter 7 Debtor to turn over certain property located outside of the U.S. The Debtor claimed that the property was not property of the estate and was outside the Court's jurisdiction. The Court granted the Trustee's motion and directed the Debtor to turn over and account for all the foreign assets.

11th Circuit Upholds SD Florida Bankr Decision Allowing 304 Case for Italian Debtor

Submitted by Anonymous (not verified) on Sun, 06/12/2022 - 17:14

On June 29, 2007, the 11th Circuit Court of Appeal in an unpublished decision in In re Rosacometta, S.R.L., 244 Fed.Appx. 286 (11th Cir. 2007) upheld the decision of the Bankruptcy Court of the Southern District of Florida. The bankruptcy court had allowed an ancillary petition under section 304 (pre-BAPCPA) and enjoined the creditor from collecting on a writ of garnishment in the state court against the Italian company that had filed for bankruptcy relief in Italy.

"Not for Publication"

Submitted by Anonymous (not verified) on Thu, 06/09/2022 - 22:27

ControversyThe topic of "not for publication" has raised  controvery over the years, the main issues precedential value and the ability to cite as precedent.

Pages