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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

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.

11th Circuit
Alabama
Alabama Middle District

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws

Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).

11th Circuit

Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds

Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).

11th Circuit

Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired

Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.

11th Circuit
Alabama
Alabama Northern District

District Courts Collide Head-On over Maritime Liens for ‘Necessaries’

Circuit split over maritime liens appears headed for the Supreme Court.

11th Circuit
Florida
Florida Northern District
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