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permit an individual to pursue some occupation or economic endeavor, but a home loan guaranty is not similar to those authorizations because loans and guaranties are available in the private sector.)
U.S. v. Mitchell, 476 F.3d 539 (8th Cir. Feb. 6 2007) (Pre-petition income from estate property does not constitute "proceeds ... or profits of or from property of the estate" pursuant to § 541(a)(6). Eighth Circuit reversed debtor's criminal conviction pursuant to 18 U.S.C. § 152(1) for failing to disclose such income.)
In re O'Lexa, 476 F.3d 177 (3rd Cir. Feb. 7 2007) (Pennsylvania "doctrine of necessity" statute did not place home held as tenant by the entirety between debtor wife and non-debtor husband within the reach of wife's creditors. The statute specifically applies to "separate property" obtained for the necessity of the family, which does not include entirety property, and the statute does not impose joint and several liability on each spouse.)
Grochal v. Ocean Technical Services Corporation (In re Baltimore Marine Industries), 476 F.3d 238 (4th Cir. Feb. 9, 2007) (Subcontractors' interest in interpleaded funds owed to government contractor debtor did not place the funds outside the debtor's estate pursuant to § 541. The bankruptcy court and district court erroneously compared the subcontractors' interest to that of a surety, whose interest would be excluded from the estate. Fourth Circuit reversed and remanded for determination of whether subcontractors' claims could nonetheless trump those of other creditors, such as through a theory of equitable trust.)
French v. Frey (In re Bergman), 467 F.3d 536 (6th Cir. Oct. 27, 2006) (Subrogation clause in insurance contract creates a property right for the insurer, and such property right is not included in the bankruptcy estate. Pre-petition, debtors were involved in an automobile accident, and insurer expended funds for debtors' medical care. Insurer was entitled to recover those funds from first proceeds of trustee's adversary proceeding against other party to automobile accident.)
Stinnett v. Laplante (In re Stinnett), 465 F.3d 309 (7th Cir. Sept. 27, 2006) (Disability insurance payments received post-petition by debtor are property of the bankruptcy estate, where at the time the petition was filed debtor's interest in the insurance contracts was property of the estate pursuant to § 541(a). The fact that the payments are a substitute for earnings from services performed does not bring the payments within the scope of the exception found at § 541(a)(6). That exception only covers earnings from services actually performed by an individual debtor.)
In re Bracewell, 454 F.3d 1234 (11th Cir. June 30, 2006) (Post-petition crop disaster payment to Chapter 7 debtor is not property of the estate. The legislation authorizing the payment was enacted after the case was converted from Chapter
