A Statistical Lookback at 2017 for the Eleventh Circuit with a Focus on Bankruptcy Appeals in Florida

   Ever wonder about bankruptcy appeals; about how long a bankruptcy appeal to the Eleventh Circuit Court of Appeals will take? The answer lies in the Court’s statistical data. The Eleventh Circuit Court of Appeals was established by Congress in 1981 and has jurisdiction over federal cases originating in the southeastern states of Alabama, Florida, […]

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The Eleventh Circuit Fundamental-LY Approves of Bar Orders

On October 19, 2017, the Eleventh Circuit Court of Appeals stated “a bankruptcy court can enjoin any civil action if the outcome could alter the debtor’s rights, liabilities, options, or freedom of action or in any way impacts upon the handling and administration of the bankrupt estate.” In re: Fundamental Long Term Care, No. 16-16462, […]

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The Life Settlement Industry – Bankruptcy Issues – Part 3

  This third installment of our series delves into the following issues: (1) Are life settlements viewed as securities under applicable state law?  (2) How can the debtor-in-possession, i.e. the debtor in a Chapter 11 bankruptcy case (“DIP”) or the trustee avoid the life settlements going in to grace and/or lapsing due to insufficient funds […]

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“The Life Settlement Industry – Bankruptcy Issues – Part 1”

A “life settlement” is the sale of a life insurance policy to a third party for a value in excess of the policy’s cash surrender value, but less than its death benefit.  The life settlement industry focuses on the purchase and sale of life settlements or fractional interests in life settlements to investors.  These investors […]

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