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Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt

USA - August 23 2017 Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In...

Lauren Reynolds.


Middle District of Florida Defines Settlement Communications Allowed Under the FDCPA

USA - December 22 2016 On November 18, 2016, the United States District Court for the Middle District of Florida held that the communication of an unequivocal and...

Lauren Reynolds.


Payments on Commercial Mortgage-Backed Securities Loans Cannot be Avoided in Bankruptcy

USA - November 28 2016 The Bankruptcy Code gives a trustee the power to avoid pre-petition fraudulent and preference transfers made by a debtor, except that a trustee may...

Correy Karbiener.


Eleventh Circuit Rules that Debtors Who Surrender Real Property in Bankruptcy Cannot Oppose Foreclosure

USA - October 4 2016 On October 4, 2016, the Eleventh Circuit Court of Appeals ruled that chapter 7 debtors who file a statement of intention to surrender real property...


Bankruptcy court order compelling surrender of property upheld on appeal

USA - November 23 2015 On November 23, 2015, in the first appellate decision of its kind, the District Court for the Southern District of Florida affirmed a bankruptcy...