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11th Circuit

Disposable Income Does Not Include Voluntary Retirement Plan Contributions

A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.

11th Circuit
Florida
Florida Southern District

En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy

Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.

11th Circuit

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

11th Circuit
Georgia
Georgia Northern District

Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.

11th Circuit
Florida
Florida Southern District

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

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

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

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

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

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
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