Wes Bulgarella, an attorney in Maynard Nexsen’s Bankruptcy & Restructuring practice group, was published in the Stream of Commerce, a newsletter produced by the Bankruptcy and Commercial Law Section of the Alabama State Bar. The article was featured in the Spring 2024 issue and entitled “The Alabama Creditors v. Dorand: An Increasingly Broad Definition of Property of the Estate.”
View the full article in the linked PDF here and below.
Excerpt:
A recent opinion from the United States Court of Appeals for the Eleventh Circuit sheds insight on the increasingly broad definition of assets that constitute property of a debtor’s estate. In The Alabama Creditors v. Dorand, Case No. 22-14113, 2024 WL 1100315 (11th Cir. Mar. 14, 2024), the Eleventh Circuit held that a debtor’s retirement account that was subject to collection attempts by creditors constituted property of the estate due to such debtor’s “interest” in the account, despite a state court judgment ordering the entity holding the account to turn the funds in such account to the debtor’s creditors.