- Tobkin v. The Florida Bar (In re Tobkin), Case No. 14-10272 (11th Cir. Aug. 28 2014) (per curiam) (unpublished).
- The Florida Bar is a governmental unit pursuant to Section 101(27) of the Bankruptcy Code and thus cost judgment entered against Debtor as a disciplinary fine and penalty was non dischargeable pursuant to 11 U.S.C. Section 523(a)(7).
- Procedural context:
- Appeal from the bankruptcy court for the Southern District of Florida granting summary judgment in favor of the Florida Bar pursuant to 11 U.S.C. Section 523(a)(7), reviewed de novo.
- In 2010, the Debtor was disbarred from the practice of law in Florida for 5 years. A cost judgment was entered against him as a disciplinary fine and penalty. in 2011, the Debtor filed for bankruptcy and The Florida Bar filed an adversary proceeding against the Debtork seeking a determination that its claim was non-dischargeable under 11 U.S.C. Section 523(a)(7). The Debtor served requests for admission on the Bar seeking an admission that the Bar was not "a governmental entity." The Bar admitted that is was not. Nothwithstanding the admission, the bankruptcy court found that because the Bar was an agency of the Supreme Court it was a governmental unit under 11 U.S.C. Section 101(27) and because the cost judgment was a fine/penalty that it was non-dischargeable under Section 523(a)(7). The district court affirmed.
- Hull, Martin and Anderson
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