By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part VI Two Things Debtors Should Know About the Small Business Reorganization Act of 2019 (SBRA), Including a Primer on Chapter 11 Confirmation Introduction This series focuses on four bankruptcy-related bills that were enacted during the 116th Congress and signed into law on August 23, 2019.1 One bill, the Small...
From the Editor – Property of Estate
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By The Honorable William Houston Brown (Retired)
Insurance checks assigned prepetition were not property of estate. The debtors had assigned medical insurance proceeds prepetition to a dialysis clinic, and when those checks were made payable only to the debtors and were received postpetition, the checks did not become property of the estate. The proceeds had been validly assigned, and the debtors were not entitled to claim exemption. In re Napoleon, ________B.R.________, 2016 WL 2893764 (Bankr. E.D. N.C. 2016). Compare United States Trustee v. Ellis, et al. (In re McKeever . . .
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