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11th Circuit

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 v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).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
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Bank of America v. Waits (In re Waits)

Citation: 
No. 14-11408 (11th Cir. Aug. 21, 2014)
Ruling: 
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to follow prior-panel decisions In re McNeal, 735 F.3d 1263 (11th ...
Judge(s): 
TJOFLAT, JORDAN, and BLACK, Circuit Judges
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U.S.A. v. Turner

Citation: 
No. 13-13616; D.C. Docket No. 1:12-cr-00169-MHT-WC-1
Ruling: 
The Circuit Court, per curiam, affirmed the Debtor's convictions. The Court of Appeals for the 11th Circuit held that the U.S. federal district courts have original and exclusive jurisdiction over "all offenses against the laws of the United States" ...
Judge(s): 
Hull, Marcus, & Wilson
Read on...

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Stuart v. Mendenhall (In re Mendenhall), Case No. 14-10943 (11th Cir. July 22, 2014) (unpublished) (per curiam).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.
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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
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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...
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