Articles from Miami Bankruptcy Law Blog

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Finality and its Three Exceptions

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

The 11th Circuit Court of Appeals recent 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".  The Circuit Court held that it lacked jurisdiction as the order denying the motion was not a "final" order and no exception applied.

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.

Mootness, Equitable Mootness, Prudential Considerations, and Statutory Mootness

Submitted by Anonymous (not verified) on Fri, 09/12/2014 - 17:47

The Circuit Court of Appeals of the 3rd Circuit recently issued its opinion in I

"Party Aggrieved" Requirement for Appeal of a Bankruptcy Court Order

Submitted by Anonymous (not verified) on Thu, 09/11/2014 - 07:36

On September 4, 2014, the United States Court of Appeals for the 11th Circuit Court of Appeals issued its decision focusing on the "party aggrieved" doctrine in the case of Benjamin Atkinson v. Ernie Haire Ford, Inc.

Florida Bankrutcy Exemptions

Submitted by Anonymous (not verified) on Wed, 08/27/2014 - 05:56

When a person files for chapter 7 bankruptcy relief in Florida, he is allowed to exempt certain property from his bankruptcy estate. Exempt property generally means property that a person is allowed to keep free from liquidation by the chapter 7 bankruptcy trustee for distribution to creditors.

11th Circuit Court of Appeals Allows Lien Stripping in Chapter 20 Cses

Submitted by Anonymous (not verified) on Fri, 06/20/2014 - 05:25

Yesterday, June 18, 2014, the 11th Circuit Court of Appeals issued its decision in the case of Wells Fargo Bank, N.A. vs.

11th Circuit Allows Lien Stripping in "Chapter 20 Cases"

Submitted by Anonymous (not verified) on Fri, 06/20/2014 - 05:25

Yesterday, June 18, 2014, the 11th Circuit Court of Appeals issued its decision in the case of Wells Fargo Bank, N.A. vs.

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