11th Circuit

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.

Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant

Millennium-like third-party releases were approved without reaching constitutional issues.

Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial

Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.

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.

Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia

A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.

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.

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.