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11th Circuit

Valone v. Waage (In re Valone)

Citation: 
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling: 
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's wildcard exemption to that debtor or those debtors. ...
Judge(s): 
Wilson, Fay, and Ripple, Circuit Judges
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Curtis, et al. v. Perkins (In re International Management Associates, LLC)

Citation: 
Curtis v. Perkins (In re International Management Associates, LLC), No. 14-13423 (11th Cir. Mar. 19, 2015)
Ruling: 
The Eleventh Circuit affirmed the Georgia District Court’s affirmance of the Bankruptcy Court’s admission of critical business summaries and its Ponzi scheme finding. With respect to the evidentiary issues, the Court clarified that the summaries were admissible under F.R.E. 1006 ...
Judge(s): 
Carnes; Hull; and Rosenbaum
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SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

Citation: 
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling: 
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate method for valuation of debtor and findings regarding ...
Judge(s): 
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
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DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

Citation: 
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 13-14781 (11th Cir. Feb 27, 2015)
Ruling: 
Affirmed in part, vacated in part, and remanded. Adopting analysis and reasoning of Glannon v. Carpenter (In re Glannon), 245 B.R. 882, 894-95 (D.Kan.2000) re scope of award for attorney's fees and costs under § 303(i)(1) as encompassing all ...
Judge(s): 
Hull, Julie Carnes, and Walker (John M. Walker, 2nd Circuit sitting by designation)
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JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..)

Citation: 
JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..), Case No. 12-15595 (11th Cir. Feb. 20, 2015) .]
Ruling: 
In five consolidated appeals involving a dispute as to the ownership of three related involuntary bankruptcy debtors, the Eleventh Circuit affirmed the District Court’s (i) denial of the Zeltser Group’s motion to withdraw the reference of the alleged debtors’ Fisher ...
Judge(s): 
HULL, JULIE CARNES and WALKER (Hon. John Walker, Jr., U.S. Circuit Judge for the Second Circuit, sitting be designation).
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Iberiabank v. Geisen (In re FFS Data, Inc.)

Citation: 
Case No. 14-11473 (11th Cir. Jan. 23, 2015)
Ruling: 
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's guaranty (and not solely in the stockholder's capacity as ...
Judge(s): 
Tjoflat, Pryor and Cox
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Mais v. Gulf Coast Collection Bureau, Inc.

Citation: 
--- F.3d ----, 2014 WL 4802457, No. 13-14008 (11th Cir. Sept. 29, 2014)
Ruling: 
Reversed and remanded for entry of summary judgment in favor of debt collector defendant based on prior express consent defense. Calls by medical debt collector to cellular phone where cellular telephone number was provided to hospital on admissions forms ...
Judge(s): 
HULL, MARCUS and HILL, Circuit Judges
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Bank of America, NA v. Phillips (In re Phillips)

Citation: 
Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).
Ruling: 
The Eleventh Circuit held that the McNeal and Folendore decisions are binding precedent in affirming the decision of the bankruptcy court and the district court which permitted chapter 7 debtors to strip a second mortgage on their home that was ...
Judge(s): 
Wilson, Rosenbaum, and Cox, Circuit Judges
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Lamarca v. Jansen (In re Bifani)

Citation: 
LaMarca v. Jansen (In re Bifani), Nos. 14-10826, 14-11149 (11th Cir. Sep. 11, 2014)
Ruling: 
The Eleventh Circuit affirmed the District Court’s upholding of the Bankruptcy Court’s conclusion that certain real estate transfers were fraudulent under FUTA and reversed the District Court’s reversal of the Bankruptcy Court’s imposition of an equitable lien on property acquired ...
Judge(s): 
Wilson, Rosenbaum, and Kravitch, Circuit Judges
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Lopez v. Bank of America (In re Lopez)

Citation: 
Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)
Ruling: 
The debtor may "strip off" or void a junior lien, where the amount of debt securing the senior lien exceeds the value of the house.
Judge(s): 
Wilson, Rosenbaum, Fay
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