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
Affirming a grant of summary judgment by the U.S. Bankruptcy Court for the District of Nevada (BC), the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) agreed with its conclusion as to...
Judge(s):
Scott H. Gan; Laura S. Taylor; and William J. Lafferty III
Confronting a byzantine fact pattern in but the latest aspect of a “multi-forum Whack-a-Mole tournament," the U.S. Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed a bankruptcy...
Judge(s):
Christopher M. Klein; Laura S. Taylor; and Julia W. Brand
Bankruptcy court did not abuse its discretion when denying requests to extend the deadline by claimant because claimant failed to prove excusable neglect.
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
The Bankruptcy Appellate Panel vacated the bankruptcy’s court’s order denying Puerto Rico Electric Power Authority’s motion for payment of administrative expenses and remanded to the...
Judge(s):
Hillman, Hoffman, and Finkle, United States Bankruptcy Appellate Panel Judges.
Case No. 11-13574 (11th Cir. July 18, 2012) (per curiam) (unpublished)
Ruling:
An entity that regularly attempts to collect debts can be a "debt collector" beyond section 1692f(6) of the Fair Debt Collection Practices Act even ehwne the entity is also enforcing a security...
Judge(s):
Circuit Judges Marcus and Black, and District Judge Wm. Terrell Hodges, U.S. District Court for the Middle District of Florida, sitting by designation
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 9 months ago
Citation:
Case No. KS-10-084 (B.A.P. 10th Cir. May 7, 2012)
Ruling:
The Bankruptcy Appellate Panel ("BAP") for the Tenth Circuit AFFIRMED the bankruptcy court's order ruling that a lender's mortgage interest in property has priority over mechanics' lien claims. ...
Case No. 10-14619 (11th Cir. Mar. 30, 2012) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit reversed the district court's dismissal of a complaint alleging a violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e, because plaintiff's allegation that...
Judge(s):
Chief Judge Dubina, Circut Judge Carnes, and District Court Judfe J. Owen Forrester (N.D. Ga.), sitting by designation.
