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11th Circuit

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

Citation: 
--- F.3d ---- (11th Cir. 2016)
Ruling: 
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). Accordingly, creditor was prohibited from intercepting debtor's post-confirmation expense reimbursement ...
Judge(s): 
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
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Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

Citation: 
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling: 
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s jurisdictional bar provided by 42 U.S.C. § 405(h), the bankruptcy court ...
Judge(s): 
Hull, Carnes, and Clevenger, Circuit Judges
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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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