Skip to main content
Help Center
ABI Journal

11th Circuit

Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

11th Circuit
Florida
Florida Southern District

Dubious Eleventh Circuit Opinion Permits Collateral Attack on Final Confirmation Order

Although the chapter 13 confirmation order was concededly final and enforceable, the appeals court set aside a plan provision modifying a residential mortgage.

11th Circuit

Adverse Plan Amendment Requires a Disclosure Statement and More Voting, Circuit Says

The Eleventh Circuit stated the obvious: A class that gets something under a chapter 11 plan is entitled to a disclosure statement and to vote again if an amendment takes it away, even if the class was entitled to nothing in the first place.

11th Circuit

It Wasn’t a Good Idea for 3M Corp. to Call Its Multidistrict Litigation a ‘Failure’

District judge remonstrates a solvent parent company for seeking the protections of bankruptcy without filing chapter 11 itself.

11th Circuit
Florida
Florida Northern District

An Order Allowing a Priority Claim Must Be Appealed Immediately, Circuit Says

An appeal from an order ruling on allowance of a priority claim must be taken immediately, not on confirmation of a chapter 11 plan.

11th Circuit

Current IRS Expense Standards Used When Modifying a Chapter 13 Plan

Bankruptcy Judge Robert Mark used common sense and logic to answer a question where the statute has no ready answer.

11th Circuit
Florida
Florida Southern District

Abbreviating the Debtor’s Name on a UCC-1 Made the Security Interest Unperfected

Because Florida filing offices do not use ‘standard search logic,’ a financing statement must use the debtor’s precise, unabbreviated legal name.

11th Circuit

Although It Paid Creditors in Full, Eleventh Circuit Subordinates an Unauthorized Loan

Eleventh Circuit gives the bankruptcy judge wide discretion in subordinating debts and denying retroactive approval of loans.

11th Circuit

Eleventh Circuit Holds that PACA Trusts Do Not Give Rise to Nondischargeable Debts

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, the Eleventh Circuit held in upholding Bankruptcy Judge Roberta Colton.

11th Circuit

Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith

Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.

11th Circuit
Alabama
Alabama Middle District
Subscribe to %1