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Category Archives: Eleventh Circuit

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Time-Barred Bankruptcy Proofs of Claim Violate FDCPA: Supreme Court Grants Certiorari to Eleventh Circuit Case Johnson v. Midland Funding, LLC

Posted in Bankruptcy Claims, Creditors' Rights, Eleventh Circuit, FDCPA, SCOTUS
On October 11, 2016, the United States Supreme Court granted certiorari to a debt collection agency in its appeal from the Eleventh Circuit case Johnson v. Midland Funding, LLC.[1] In Johnson, the Eleventh Circuit affirmed its decision in Crawford v. LVNV Funding, LLC,[2] which held that a debt collector violates the Fair Debt Collection Practices… Continue Reading

Follow the Rules: 11th Circuit Holds that District Court Must Follow Federal Rules of Bankruptcy Procedure on Rule 50(b) Motion

Posted in Eleventh Circuit, FRBP, FRCP
On April 8, 2016, the Eleventh Circuit Court of Appeals held that a district court trying a bankruptcy case arising under title 11 of the United States Code is obliged to follow the Federal Rules of Bankruptcy Procedure, instead of the Federal Rules of Civil Procedure, in computing the deadline for filing post-trial motions. The… Continue Reading

In Split from Eleventh Circuit, Ninth Circuit Holds That a Tax-Sharing Agreement Constitutes a Debtor-Creditor Relationship

Posted in Eleventh Circuit, Ninth Circuit, Tax
In a follow-up to our post on the treatment of tax-sharing arrangements in bankruptcy, the Ninth Circuit held last month in an unpublished decision that a rebate that a holding company received pursuant to an ambiguous tax-sharing agreement (“TSA”) created a debtor-creditor relationship between the holding company and its banking subsidiary.  In the Matter of:… Continue Reading

Tax Sharing Arrangements in Bankruptcy: Who’s Refund Is It?

Posted in Chapter 11, Eleventh Circuit, Tax
When a multi-national conglomerate corporation fails, how the corporation’s tax-sharing arrangements (“TSAs”) will be interpreted in bankruptcy can be a multi-million dollar question, especially where a holding company is being reorganized separately from a subsidiary.  If the TSA is deemed to create debtor-creditor relationships between the affiliates, the affiliate holding the rebate on the date… Continue Reading