Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation
Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.
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.
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
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.
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.
Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation
One Georgia judge disagrees with another over a chapter 13 confirmation objection.
Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds
ABI President Eugene Wedoff wins a pro bono victory in the Eleventh 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.