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11th Circuit

Johnson v. Midland Funding, LLC

Citation: 
No. 15-11240 (11th Cir. May 24, 2016)
Ruling: 
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt collectors filed proofs of claim knowing that the underlying claims against ...
Judge(s): 
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
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Uberoi v. Supreme Court of Florida

Citation: 
--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)
Ruling: 
District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally exercise jurisdiction over enforcement of state bar rules and appellant could have ...
Judge(s): 
Ed Carnes, Hull, and Marcus
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Uberoi v. Supreme Court of Florida

Citation: 
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling: 
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman doctrine. Held: Under the Rooker-Feldman doctrine, federal district courts lack subject matter jurisdiction over claims ...
Judge(s): 
Carnes; Hull; Marcus
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Rosenberg v. DVI Receivables XIV, LLC, et al.

Citation: 
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling: 
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically ruled that the Bankruptcy Rules’ 14-day time limitation to file ...
Judge(s): 
Marcus, Jill Pryor, and Fay, Circuit Judges.
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Justice v. U.S.A

Citation: 
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling: 
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as tax returns under applicable nonbankruptcy law, as they did constitute an ...
Judge(s): 
Tjoflat, Martin and Anderson, Circuit Judges
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Slater v. U.S. Steel Corp.

Citation: 
Slater v. U.S. Steel Corp., No. 12-15548 (11th Cir. Feb. 24, 2016)
Ruling: 
The ruling consists of 2 important parts: (i) a 32 page per curiam decision affirming the District Court and (ii) a 78 page concurrence by Judge Tjoflat encouraging the 11th Circuit to revisit certain of its prior judicial estoppel rulings. ...
Judge(s): 
Tjoflat; Pryor; Scola (District Judge sitting by designation from the S.D. Fla.)
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Ullrich v. Welt (In re NICA Holdings, Inc.)

Citation: 
Ullrich v. Welt (In re NICA Holdings, Inc.), — F.3d —, No. 14-14685 (11th Cir. Dec. 17, 2015)
Ruling: 
The Eleventh Circuit held that the assignee under Florida’s Assignment for the Benefit of Creditors statute could not place an assignor entity into bankruptcy without specific authority. Further, the appellant’s appeals from the bankruptcy court’s orders approving settlements between ...
Judge(s): 
Carnes, Chief Judge, Martin, Circuit Judge, and Walter, District Judge (sitting by designation)
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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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