11th Circuit

11th Circuit Feb 16, 2023

Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal

Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.

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 Jan 10, 2023

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.

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.

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.

A Tax Refund from Withheld Social Security Benefits Does Not Lose the Exemption

With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.

Importance of the Supreme Court’s Upcoming Bartenwerfer Decision Seen in Florida Case

The decision by the Supreme Court next term in Bartenwerfer will tell us whether debts can be automatically nondischargeable, even when the debtor is without fault.
11th Circuit Mar 31, 2022

Target of Lawsuit Doesn’t Have Standing to Appeal a Litigation Funding Agreement

The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.

Opinion Shows the Fault in Barring Barton Protection When a Case Is Closed

The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.