5200 ENTERPRISES LIMITED vs. City of New York

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 2 days ago

Citation:

20-13753 (11th Circuit, Jan 05,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Eleventh Circuit (Circuit) both denied the motion to certify whether 5200 Enterprises Limited (Enterprises or DR) had stated a claim for continuing trespass under...

Judge(s):

Kevin C. Newsom; Adalberto J. Jordan; and Edward E. Carnes

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• BAPCPA at 10
• Certification
• Claims
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Mass Torts
• Real Estate
• Retail
• Small Business
• Fed. R. Bankr. P. 7012(b); Fed. R. Bankr. P. 8006(f)
• 11 U.S.C. § 505(a)(2)(C)

Bobka v. Toyota Motor Credit Corporation

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 4 years 5 months ago

Citation:

No. 18-55688 (9th Circuit, Aug 03,2020) Published

Case Status:

Affirmed

Ruling:

The Ninth Circuit held that an individual Chapter 7 debtor can assume an automobile lease under Section 365(p) without reaffirming the debt, and further held that the lease assumption is binding on...

Judge(s):

Jacqueline H. Nguyen and Eric D. Miller, Circuit Judges, and Eric N. Vitaliano,* District Judge.

Tag(s):

• 9th Circuit
• BAPCPA at 10
• Consumer Debt
• Discharge/Dischargeability

Cadwell v. Kaufman, Englett & Lynd, PLLC

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 6 years 9 months ago

Citation:

17-10810 (11th Circuit, Mar 30,2018) Published

Case Status:

Reversed and Remanded

Ruling:

An attorney violates 11 U.S.C. 526(a)(4) if the attorney instructs a client to pay bankruptcy-related legal fees using a credit card. After going through several ways that 11 U.S.C. 526(a)(4) may...

Judge(s):

Carnes, Newsom, and Siler

Tag(s):

• 11th Circuit
• BAPCPA at 10
• Ethics
• Consumer Bankruptcy
• Consumer Debt
• 11 U.S.C. 526

Marshall v. Blake

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 6 years 9 months ago

Citation:

17-2809 (7th Circuit, Mar 22,2018) Published

Case Status:

Affirmed

Ruling:

1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...

Judge(s):

Flaum, Bauer, and Manion

Tag(s):

• 7th Circuit
• Bankruptcy Process and Procedure
• BAPCPA at 10
• Certification
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Rule 8006
• Rule 8008
• § 1325
• 101

Pollitzer v. Gebhardt

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 7 years 6 months ago

Citation:

No. 16-11506; D.C. Docket Nos. 1:15-cv-20376-JEM; 11-bkc-16703-LMI (11th Circuit, Jun 27,2017) Published

Case Status:

Affirmed

Ruling:

In affirming the district court and bankruptcy court, the 11th Circuit held that 11 U.S.C. 707(b) applies to a petition that was initially filed under Chapter 13 but later converted to a petition...

Judge(s):

Carnes, Anderson, and Parker

Tag(s):

• 11th Circuit
• BAPCPA at 10
• Legislation
• Practice and Procedure
• Consumer Bankruptcy
• Discharge/Dischargeability
• Rule 1307
• 11 U.S.C. 707

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