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Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation: 
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling: 
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in nature and could also be brought by the Debtors. Thus, post-filing general ...
Judge(s): 
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Read on...

Harris v. Liberty Community Management, Inc.

Citation: 
Harris v. Liberty Communication Management, Inc., Case No.: 11-14362 (11th Cir. Dec. 19, 2012)(unpublished)
Ruling: 
A property management company, employed by a Homeowners Association to collect past due assessments, is not a 'debt collector' subject to the Fair Debt Collection Practices Act ("FDCPA"), and did not violate Georgia's Fair Business Practices Act ("GFBPA") by terminating ...
Judge(s): 
Tjoflat, Carnes, and Jordan
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Witcher v. Early (In re Witcher)

Citation: 
Witcher v. Early (In re Witcher), Case No. 11-15883 (11th Cir. Dec. 13, 2012)
Ruling: 
The Eleventh Circuit held that a bankruptcy court may properly consider a debtor's ability to pay his or her debts as part of the totality-of-the-circumstances test set forth in 11 U.S.C. Section 707(b)(3)(B). The court further stressed that its ...
Judge(s): 
Chief Judge Dubina
Judge Carnes
Judge Gilman
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Formatech, Inc. v. Sovereign Bank (In re Formatech, Inc.)

Citation: 
Formatech, Inc. v. Sovereign Bank, et al. (In re Formatech, Inc.), No. MW 12-012 (1st Cir. B.A.P. December 7, 2012))
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit ("BAP") entered an order DIMISSING the appeal initiated by Formatech, Inc., the debtor and appellant ("Debtor" or "Formatech"), subsequent to entry of an order converting the case to one under chapter 7 ...
Judge(s): 
Lamoutte, Kornreich and Caban
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Netsphere, Inc. v. Baron

Citation: 
Appeal No. 10-11202
Ruling: 
The District Court's appointment of a receiver to control a vexatious litigant was reversed and the case remanded.
Judge(s): 
DeMoss, Southwick and Higginson
Read on...
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