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11th Circuit

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Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).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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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
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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
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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.
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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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