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Cadwell v. Kaufman, Englett & Lynd, PLLC

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 3 weeks 10 hours 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):

Title Max v. Northington (In re Northington

Citation:
16-17468 (11th Circuit, Dec 11,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The narrow holding of this split decision is that Georgia's pawn statute cuts off the rights of a Chapter 13 debtor in pawned property if the debtor doesn't redeem the property within the time ...
Judge(s):
WILSON, NEWSOM and MORENO (S.D. Fla., sitting by designation)
Tag(s):

Mantiply v. Horne (In re Horne)

Citation:
16-16789 (11th Circuit, Dec 05,2017) Published
Case Status:
Affirmed
Ruling:
On an issue of first impression, the Eleventh Circuit concluded that section 362(k) of the Bankruptcy Code authorizes the payment of attorney's fees and costs incurred by debtors in stopping a...
Judge(s):
Ed Carnes, Chief Judge, and Black, Circuit Judge, and May, District Judge
Tag(s):

Scharrer v. Schron (In re Fundamental Long Term Care, Inc.)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 6 months 1 week ago
Citation:
16-16462 (11th Circuit, Oct 19,2017) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
Judge(s):
Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
Tag(s):

SLATER V U.S. STEEL CORPORATION

Citation:
2:09-cv-01732-KOB (11th Circuit, Sep 18,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Eleventh Circuit revisited its application of the doctrine of equitable estoppel in instances where a debtor fails to disclose claims in connection with a bankruptcy case. Departing from its...
Judge(s):
Ed Carnes, Chief Judge, Tjoflat, Marcus, Wilson, William Pryor, Martin, Jordan, Rosenbaum, Julie Carnes, and Jill Pryor, Circuit Judges
Tag(s):

Pollitzer v. Gebhardt

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 10 months 11 hours 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):

Zucker v. U.S. Specialty Insurance Co.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 11 months 1 week ago
Citation:
15-10987 (11th Circuit, May 16,2017) Published
Case Status:
Affirmed
Ruling:
The 11th Circuit affirmed the district court's ruling that the fraudulent transfer claims in a bankruptcy complaint fell within the prior acts exclusion in the insurance policy. Held that Parent...
Judge(s):
Carnes, Fay, and Parker
Tag(s):

S.E.C. v. Wells Fargo Bank, N.A.

  • Summarized by David Bury , Stone & Baxter, LLP
  • 1 year 1 month ago
Citation:
16-10942 (11th Circuit, Feb 22,2017) Published
Case Status:
Reversed and Remanded
Ruling:
The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
Judge(s):
Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
Tag(s):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 1 year 2 months ago
Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
Judge(s):
Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
Tag(s):

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