Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

11th Circuit

Coquina Investments v. TD Bank

Citation: 
11th United States Court of Appeals case number 12-11161 [will be published]
Ruling: 
The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Southern District of Florida
Judge(s): 
Circuit Judges Anderson and Gilman and District Judge Johnson, sitting by designation.
Read on...

Stuart v. Mendenhall (In re Mendenhall)

Citation: 
Stuart v. Mendenhall (In re Mendenhall), Case No. 14-10943 (11th Cir. July 22, 2014) (unpublished) (per curiam).
Ruling: 
The Eleventh Circuit held that (i) the bankruptcy court did not abuse its discretion in interpreting its order granting a 60 day extension of the Rule 4007(c) deadline to file a complaint to determine the dischargeability of debt to mean ...
Judge(s): 
Pryor, Martin and Rosenbaum, Circuit Judges.
Read on...

Crawford v. LVNV Funding, LLC

Citation: 
--- F.3d ----, Case No. 13-12389 (11th Cir. Jul. 10, 2014)
Ruling: 
Filing of proofs of claim by debt collectors in respect of debts deemed unenforceable under state statutes of limitations violates Fair Debt Collection Practices Act. Under "least-sophisticated consumer" standard adopted by Eleventh Circuit used to determine whether conduct is ...
Judge(s): 
HULL, Circuit Judge, WALTER, District Judge (W.D. La.), and GOLDBERG, U.S Court of International Trade Judge
Read on...

Kane v. Stewart Tilghman Fox & Bianchi

Citation: 
Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling: 
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious injury to property) and (ii) one of the debtors, Harley Kane, ...
Judge(s): 
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Read on...

Bank of America v. Caulkett

Citation: 
D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
Ruling: 
The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
Judge(s): 
Marcus, Pryor, Edmondson, Circuit Judges
Read on...

Wells Fargo Bank v. Scantling (In re Scantling)

Citation: 
Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
Ruling: 
The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
Judge(s): 
Tjoflat, Moore and Schlesinger
Read on...

Crouser v. BAC Home Loans Servicing, LP

Citation: 
Crouser v. BAC Home Loans Servicing, LP (In re Crouser), Case No. 13-14304 (11th Cir. June 6, 2014) (unpublished) (per curiam).
Ruling: 
The Eleventh Circuit held that settlement proceeds derived from the post-confirmation settlement of claims against the debtor's mortgagor for violation of the automatic stay were property of his chapter 13 estate under Section 1306(a)(1) of the Bankruptcy Code.
Judge(s): 
Wilson, Pryor and Anderson, Circuit Judges.
Read on...

Wiand v. Lee

Citation: 
No. 13-10448 (11th Cir. June 2, 2014)
Ruling: 
The primary holdings were that (i) a transfer made in furtherance of a Ponzi scheme establishes as a matter of law actual intent to hinder, delay or defraud under Florida's version of the Uniform Fraudulent Transfer Act without the need ...
Judge(s): 
Circuit Judges Martin and Anderson, and U.S. District Court Judge Fuller, Middle District of Alabama
Read on...

Brooks v. Chase Bank USA

Citation: 
13-13538 (Unpublished)
Ruling: 
Reversal of District Court decision reversing Bankruptcy Court and remand for determination of attorneys' fees. Bankruptcy Court did not abuse its discretion when it refused to allow bank to set off statutory damages and attorney's fees awarded under Florida ...
Judge(s): 
WILSON, JORDAN, and ROTHSTEIN (District Judge sitting by designation)
Read on...

Lodge v. Kondaur Capital Corporation

Citation: 
13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
Ruling: 
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants. The Circuit Court held that emotional distress damages fall within the broad term of "actual damages" in § 362(k) ...
Judge(s): 
Hull, Black and Walter
Read on...
Syndicate content