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

Fernandez v. Havana Gardens, LLC

Citation: 
11th Circuit Court of Appeals Case Number 13-10681 (will not be published).
Ruling: 
The 11th Circuit Court of Appeals affirmed a decision of the United States District Court for the Southern District of Florida.
Judge(s): 
Tjoflat, Pryor and Edmondson
Read on...

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

Citation: 
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling: 
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property was restricted to use as a gof course. Second, the bankruptcy court correctly held ...
Judge(s): 
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Read on...

Menotte v. US (In re Custom Contractors, LLC)

Citation: 
2014 WL 1226852
Ruling: 
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the trustee, extending its "mere conduit" jurisprudence. The avoidance rules of ...
Judge(s): 
Chief Judge Carnes, Judges Wilson and Fay.
Read on...

Dunn v. Advanced Medical Specialties, Inc., et al. (11th Cir.)

Citation: 
Dunn v. Advanced Medical Specialties, Inc., et al., Nos. 12-11152 and 12-15989 (11th Cir. Feb. 10, 2014)
Ruling: 
The Eleventh Circuit affirmed a District Court’s orders (i) granting summary judgment in a Chapter 7 Debtor’s discrimination suit and (ii) denying a Chapter 7 Trustee’s motion to vacate the judgment. On the Debtor’s appeal, the Court affirmed, holding that ...
Judge(s): 
Marcus and Dubina, Circuit Judges; Hodges, District Judge
Read on...

Steffen v. Menchise (In re Steffen)

Citation: 
Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)
Ruling: 
Affirming district court's ruling that appeal was moot due to debtor-plaintiff's failure to obtain a stay of sale under 11 U.S.C.§363(m). Closing by trustee before sale order was final did not affect debtor-plaintiff's right to seek a stay and ...
Judge(s): 
Hull. Marcus and Jordan
Read on...

Durango-Georgia Paper Co., et al. v. H.G. Estate, LLC, et al.

Citation: 
11th Circuit Court of Appeals Case Number 11-15079 (will be published)
Ruling: 
The Court affirmed the District Court's entry of final judgment in favor of the defendants following the dismissal of the liquidating trustee's complaint for failure to state a claim for relief.
Judge(s): 
Circuit Court Judges Tjoflat, Cox and Motz.
Read on...

Kulakowski v. Walton (In re Kulakowski)

Citation: 
Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
Ruling: 
Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
Judge(s): 
Jordan, Dubina, and Baldock
Read on...

Colbourne v. Ocwen (In re Colbourne)

Citation: 
Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)
Ruling: 
Circuit Court affirmed bankruptcy court ruling that because Debtor ineligible for a Chapter 13 discharge he could not cram down the value on first-priority liens on investment properties in his Chapter 13 plan.
Judge(s): 
Circuit Judges Martin, Fay, Edmondson
Read on...

Cardenas v. Madison Realty Capital LP

Citation: 
D.C. Docket Nos. 1:12-cv-20150-KAM; 10-20941-AJC (No. 12-16142)
Ruling: 
The Court of Appeals for the Eleventh Circuit affirmed the ruling entered by the bankruptcy court and affirmed on appeal by the District Court for the Souther District of Florida which held that Buyer who acquired substantially all of Debtor's ...
Judge(s): 
Hull and Martin, Circuit Judges; Bowen, District Judge
Read on...

Cabot v. Bakst (In re Cabot)

Citation: 
11th Circuit Court of Appeals Case Number 12-16241 (will not be published)
Ruling: 
The Court affirmed the District Court's dismissal of an appeal as moot.
Judge(s): 
Circuit Judges Dubina, Wilson and Martin
Read on...
Syndicate content