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
Per curiam, the U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the opinion of the U.S. District Court for the Southern District of Texas (DC) affirming adjudication of claims for...
Judge(s):
Patrick E. Higginbotham; Stephen A. Higginson; and S. Kyle Duncan
Acknowledging that under Florida law, any deviation from a debtor's legal name in a financing statement renders the statement "seriously misleading" unless a search of the Florida Secured...
In this appeal of a bankruptcy court order, the debtor objects to a litigation funding arrangement entered into by the trustee and a creditor. The court found that the Debtor did not have Standing...
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit (BAP) affirmed a bankruptcy court's decision that valued the claim of a couple (CRs) at $458,470 and found it nondischargeable under §...
Judge(s):
Dale L. Somers; Robert H. Jacobvitz; and Janice D. Lloyd
A creditor required to file notice to perfect its interests in a debtor's property under 11 U.S.C. § 546(b) must do so before the non-bankruptcy limitations period expires. Section 546(b)(2)...
In an opinion most of the bankruptcy court's judgment as to a creditor's violation of the automatic stay, but vacating its denial of attorneys' fees based on the "technical" nature of these...
Judge(s):
Robert J. Faris; Julia W. Brand; and Gary A. Spraker
In affirming the ruling of the district court, the Eleventh Circuit held that personal injury claimant and his wife received sufficient notice of non-debtor releases included in chapter 11 debtor's...
Although a confirmed plan can discharge the liability of a nondebtor guarantor, it can limit a creditor’s claim against a nondebtor guarantor by determining the source and value of payments to be...
BAP for 9th Cir. reversed declaratory judgment of bankruptcy court (SD Cal.) ordering inter vivos trustee to turnover to chapter 7 trustee a portion of all future distributions to debtor, including...
