Rule 12(b)(1) Dismissal

This article looks at Rule 12(b)(1) by presenting a three-question test synthesizing decades of Eleventh Circuit case law.

Unlock This Article

To get started, please let us know which of these best fits your current position:

Learn more about the membership.

Please sign in to continue reading this content.
IMG_Trevorrow headshot 2
Judicial Law Clerk for the United States Bankruptcy Court, Southern District of Florida (Honorable Mindy A. Mora, West Palm Beach)

Tara Trevorrow is a Judicial Law Clerk for the United States Bankruptcy Court, Southern District of Florida (Honorable Mindy A. Mora, West Palm Beach). Prior to joining the Court, Ms. Trevorrow worked as business bankruptcy attorney for twelve years in international and Florida law firms.

Ms. Trevorrow is committed to giving back to her community. She currently serves as the Vice Chair of the Pro Bono Committee (Business Law Section of the Florida Bar), Vice Chair of the Financial Literacy Task Force (Business Law Section of the Florida Bar), and Chair of the Financial Literacy Committee (Bankruptcy Bar Association of the Southern District of Florida). Ms. Trevorrow is a Fellow in The Florida Bar Williams Reece Smith, Jr. Leadership Academy Class XI(2023-2024).

Before starting her legal career, Ms. Trevorrow was a professional ballet dancer in the United States and France.

Related Articles

moran_cathy
April 21, 2024
Even when the contentions against a debtor spouse sound in fraud, breach of fiduciary duty, or intentional tort, the claims of the debtor’s spouse survive a Chapter 7 discharge.
Members
Academy Circle Logo Final
May 26, 2024
The Case of the Naked Client: In December of 2023 Cathy Moran brought readers this great exhortation to debtor attorneys to be very careful when completing a petition. What ISN’T there may be as important as what is there!
Members
October 11, 2020
By Cathy Moran, Esq. (Redwood City, CA) Once again, I sat in a 341 meeting where the trustee’s representative purported to deliver vital information to the assembled debtors. She had a captive audience of anxious listeners. She had ostensible power of life and death over their financial future. They needed to know what she had to say. But as communication,...
Members
July 14, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...
Members
March 14, 2021
By The Honorable William Houston Brown (Retired) Failure to pay postpetition fees under Rule 3002.1 did not prevent discharge. The debtor had completed payments to the trustee and postpetition mortgage payments to the creditor, but she had not paid $1,370 in postpetition fees that had been asserted by the mortgage creditor and noticed to the debtor under Rule 3002.1. That...
Members
March 14, 2021
By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...
March 14, 2021
By The Honorable William Houston Brown (Retired) Section 524(i) applies only to long-term debts not discharged through plan. Whether § 524(i) applied to short-term secured debts that are paid in full and discharged through a Chapter 13 plan was a matter of first impression, with the Court finding no other court had yet decided precise question. Factors used in Supreme...
Members
BBurden pic 0002C_1
June 16, 2024
“I recently had the opportunity to consider the symbolism of the well-known “Lady Justice” emblem or statue and pondered how the principles attributed to that icon apply to our present bankruptcy system.”
Members
August 18, 2019
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) PART I Overview Introduction Four bankruptcy-related bills have been passed by both the House and the Senate this term. The legislation was sent to the President for signature on August 13, 2019.1 The bills were not controversial and had bipartisan support. The legislation affects both business and consumer cases. One...
Members
June 28, 2020
By Anthony J. Gomez, CPA, former extern to the Honorable John P. Gustafson, Northern District of Ohio at Toledo Click here for Part 1 Click here for Part 2 IV. The Hanging Paragraph’s effect on Interest Rates When the hanging paragraph is applicable, creditors are entitled to the full value of their secured claims as . . . It looks...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: