FEBRUARY-MARCH 2016 NEWSLETTER, VOLUME 2, ISSUE 2 – Walton County Bar Association
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By Scott Critzer

Our February Membership Meeting was on February 10, 2016, which was the first of two events in February.  At the luncheon, Deputy Walton County Clerk Linda Warren and other representatives from the Walton County Clerk of Court’s office’s presented – Technology of the Courts – which provided everyone with useful information on the Efiling system.  The WCBA also cohosted the 1st DCA Judges Reception with the Okaloosa Bar Association at the Emerald Grande on February 16, 2016.  Our March 9th membership meeting continued the technology theme, with the presentation by Chris Rowland of Proactive Data Solutions, on technology involving Network Security, Cloud Storage/Dropbox usage, and email encryption.  April 13, 2016, is our next Membership Meeting which will be held at Cantina Laredo at Grand Boulevard in Miramar Beach.


I hope to see you there!

WCBA Sponsored by:                                lexis_nexis_logo

March Meeting



Bankruptcy Case Law Update


Horne v. Horne (In re Horne)
— Fed. Appx. —-, 2015 WL 6500754 (11th Cir. Oct. 28, 2015)

Eleventh Circuit upheld imposition of equitable lien by bankruptcy court against homestead under Florida law based on the unrefuted evidence presented at summary judgment. The facts showed that “badges of fraud” existed to support a prima facie case.

In re E.C.J. Investments, Inc.
2015 WL 6437385 (Bankr. S.D. Fla. Oct. 22, 2015) (Isicoff, J.)

Debtor could not claim operating loss of business in connection with a proposed foreign real estate purchase and as related to the IRS.

Smith v. Smith (In re Smith)
Slip Copy 2015 WL 6142959 (Bankr. M.D. Fla. Oct 16, 2015) (Jennemann, J.)

Judgment held by ex, non-filing spouse against debtor for damaging joint home was dischargeable.

Tobkin v. Calderin (In re Tobkin)
— Fed. Appx. —-, 2015 WL 7144748 (11th Cir. Nov. 16, 2015)

Debtor, a practicing attorney, sought to exempt expected contingency fees as “earnings” under Fla. Stat. § 222.11. The bankruptcy court denied the exemption and the debtor appealed. The debtor’s first appeal was dismissed for lack of prosecution. When the debtor appealed the bankruptcy court’s decision to sustain the Chapter 7 trustee’s objection, which the debtor asserted was untimely, the Eleventh Circuit held that the dismissal of the prior appeal constituted res judicata against the debtor.

Zaychick v. Bank of America, N.A.
— F. Supp. 3d —-, 2015 WL 7077371 (S.D. Fla. Nov. 13, 2015) (Rosenberg, J.)

New Reg X/CFPB Rules regarding loss mitigation did not form a basis for the district court to exercise jurisdiction to undo a foreclosure judgment entered in state court. The court used the Rooker-Feldman doctrine in reaching its decision.

Mears v. LVNV Funding, LLC
— B.R. —-, 2015 WL 7067856 (M.D. Fla. Nov. 5, 2015) (Schlesinger, J.)

In evaluating the conflict between FDCPA and Bankruptcy Code as to filing a time-barred claim, the court held that the FDCPA must yield to the Bankruptcy Code. This holding came notwithstanding the Eleventh Circuit’s decision in Crawford.

In re Mullen
2015 WL 8252928 (Bankr. M.D. Fla Nov. 16, 2015) (Glenn, J.)

Secured creditor failed to timely file a proof of claim in a Chapter 13 case. It did not file its own claim until long after discharge in their converted Chapter 7 case. Although the lender’s lien is ordinarily is unaffected by a bankruptcy case, a secured creditor must file a claim in order to participate in the distribution of the plan.

October 2015 Author:
Nicolette Corso Vilmos – Broad and Cassel

November 2015 Author:
Adina L. Pollan – GillisWay & Campbell

Bradley M. Saxton – Winderweedle, Haines, Ward & Woodman, P.A.
C. Andrew Roy – Winderweedle, Haines, Ward & Woodman, P.A.


January 11, 2016

“Congress has reinstated the exemption from imputed income for people who lost their upside down primary residence to a foreclosure and were not pursued for a deficiency judgment. The budget and spending bill enacted in December, 2015, reinstated the tax exemption retroactive to January 1, 2015. The protection extends through 2016. Moreover, Furthermore, as long as a deficiency forgiveness is drafted in 2016, the tax exemption will still apply through 2017. This is good news for homeowners who anticipated a large 2015 tax liability from mortgage forgiveness, but it is not good news for those people who had decided bankruptcy was necessary to avoid the tax and had to file bankruptcy as a result.”Jon Alper


If you have an announcement OR suggestion to make our organization better OR wish to submit an article for publication in the newsletter, please submit same to Lisa Mollitor at waltoncountybarassociation@gmail.com.

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