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11th Circuit

First Citizens Bank and Trust Company, Inc. v. River Walk Farm, L.P., et al.

Citation: 
No. 14-14356 (11th Cir. Aug. 18, 2015).
Ruling: 
The Eleventh Circuit affirmed the District Court's finding that the assignee of underlying loans, promissory notes, deeds and guarantees had presented sufficient evidence to establish the damages it was owed resulting from a payment default by the obligor and the ...
Judge(s): 
Carnes, Tjoflat and Wilson, Circuit Judges
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Bank of America, N.A. v. Iest (In re Iest)

Citation: 
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling: 
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien in the ...
Judge(s): 
Wilson, Rosenbaum, and Cox
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Green Point Credit, LLC v. McLean (In re McLean)

Citation: 
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling: 
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors' chapter 13 bankruptcy case in an effort to collect a ...
Judge(s): 
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
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Bank of America v. Waits (In re Waits)

Citation: 
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling: 
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district court, which had affirmed the bankruptcy court's ...
Judge(s): 
Circuit Judges Tjoflat, Jordan and Black
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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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