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11th Circuit

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
Read on...

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Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)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
Read on...

Atkinson v. Ernie Haire Ford, Inc.

Citation: 
13-11810
Ruling: 
A defendant in an adversary proceeding was not a "person aggrieved" by the bankruptcy court's order extending the litigation bar date, and thus could not appeal such order.
Judge(s): 
Wilson, Pryor, and Rosenbaum
Read on...

Nemcik v. Bank of America (In re Nemcik)

Citation: 
Eleventh Circuit Court of Appeals case number 14-11290
Ruling: 
The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Middle District of Florida.
Judge(s): 
United States Circuit Court of Appeals Judges Marcus, Martin and Anderson
Read on...

Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC)

Citation: 
Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC), Case No. 13-11666 (11th Cir. Aug. 15, 2014) (unpublished) (per curiam).
Ruling: 
The Eleventh Circuit held that the bankruptcy court abused its discretion and applied the incorrect legal standard in denying Joseph G. Wortley’s (“Wortley”) Rule 60(b)(2) motion to set aside an order denying his motion to dismiss an involuntary chapter 11 ...
Judge(s): 
Fay, Circuit Judge, and Hodges and Huck, District Judges.
Read on...

Tobkin v. The Florida Bar (In re Tobkin)

Citation: 
Tobkin v. The Florida Bar (In re Tobkin), Case No. 14-10272 (11th Cir. Aug. 28 2014) (per curiam) (unpublished).
Ruling: 
The Florida Bar is a governmental unit pursuant to Section 101(27) of the Bankruptcy Code and thus cost judgment entered against Debtor as a disciplinary fine and penalty was non dischargeable pursuant to 11 U.S.C. Section 523(a)(7).
Judge(s): 
Hull, Martin and Anderson
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Tobkin v. The Florida Bar (In re Tobkin)

Citation: 
14-10272; D.C. Docket Nos. 1:13-cv-20992-KAM; 12-bkc-01415-LMI
Ruling: 
The Court of Appeals for the 11th Circuit relied on the persuasive authority from other courts in affirming the district court's and bankruptcy court's findings that a state bar acting in the context of attorney discipline is a government unit ...
Judge(s): 
Hull, Martin & Anderson
Read on...

Graham Mortgage Corp. v. Goff (In re Goff)

Citation: 
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling: 
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the debtor submitted in support of his position was his own testimony, and where ...
Judge(s): 
DAVIS, SMITH, and CLEMENT.
Read on...

Escorihuela v. Faidengold (In re Faidengold)

Citation: 
Escorihuela v. Faidengold (In re Faidengold), No. 14-10587 (11th Cir. Aug. 19, 2014)
Ruling: 
The Eleventh Circuit affirmed a District Court’s order which affirmed a Bankruptcy Court’s ruling that certain of a Chapter 7 debtor’s debts were not excepted from discharge under 11 U.S.C. § 523(a)(2)(A), which deals with debts obtained by false pretenses, ...
Judge(s): 
Pryor, Martin, and Anderson (Circuit Judges)
Read on...

General Lending Corp. v. Cancio

Citation: 
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling: 
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan payments for two years, and the Debtors would ...
Judge(s): 
Pryor, Martin and Edmondson
Read on...
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