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11th Circuit

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

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

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

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

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
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