•  
  •  
 

Publication Date

7-1991

Document Type

Survey Article

Abstract

The United States Court of Appeals for the Eleventh Circuit decided numerous cases arising under the Bankruptcy Code (the "Code"), during 1990 that covered a wide spectrum of topics. The court adopted a test for analyzing the bankruptcy nexus of noncore litigation to help define the bounds of the bankruptcy court's subject matter jurisdiction. The court quelled concern over preferences in the retail automobile industry by holding that security interests perfected in accordance with state law may not be set aside in bankruptcy. The Chapter 13 practice has been changed in many bankruptcy courts in the aftermath of two appellate decisions enforcing procedural safeguards for objecting to and valuing the claims of secured creditors. In a difficult case pitting bankruptcy policy against rules of statutory interpretation, the court concluded that the debtor's prebankruptcy transfer of property barred a Chapter 7 discharge despite reconveyance of the property back to the debtor before the bankruptcy filing. Invariably, the court also heard appeals concerning payment of attorney fees,s and the court ruled in one of those cases that a Chapter 7 trustee was ineligible to recover fees under the Equal Access to Justice Act. This Article is a detailed survey of these and other bankruptcy decisions rendered by the Eleventh Circuit in 1990.

Download

Share

COinS