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ABI Journal

Rochellel's Daily Wire

July 07, 2017

Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13

Courts split on inclusion of life insurance proceeds in a chapter 13 estate.

11th Circuit, Florida, Florida Middle District

June 29, 2017

Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules

Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.

11th Circuit

June 26, 2017

Circuits Split on Objective vs. Subjective Value for Fraudulent Transfer Consideration

Eleventh Circuit goes ‘objective’ while Fifth Circuit remains ‘subjective’ on value for constructive fraudulent transfers.

11th Circuit

May 02, 2017

Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation

One Georgia judge disagrees with another over a chapter 13 confirmation objection.

11th Circuit, Georgia, Georgia Northern District

April 21, 2017

Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds

ABI President Eugene Wedoff wins a pro bono victory in the Eleventh Circuit.

11th Circuit

April 21, 2017

Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale

Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.

11th Circuit, Florida, Florida Middle District

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District

March 31, 2017

Equitable Mootness Doesn’t Deprive Appellate Court of Jurisdiction

Impossibility of upsetting a confirmed plan doesn’t result in constitutional mootness, only equitable mootness.

11th Circuit

March 27, 2017

Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law

Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.

11th Circuit, Florida, Florida Southern District

February 28, 2017

Federal Judgment Rate Is Employed when Claims Are Paid in Full

Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).

11th Circuit, Georgia, Georgia Northern District