Yerian v. Webber (In re: Verian)

• Summarized by Kathleen DiSanto , Bush Ross, PA
• 3 months 2 weeks ago

Citation:

18-10944 (11th Circuit, Jun 26,2019) Published

Case Status:

Affirmed

Ruling:

The Eleventh Circuit affirmed the district court's order upholding the bankruptcy court's decision to deny a claim of exemption under section 222.21, Florida Statutes, by a chapter 7 debtor with...

Judge(s):

Marcus, Grant, and Hull, Circuit Judges

Tag(s):

• 11th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 522; 11 U.S.C. § 541

IN RE: WALTER ENERGY, INC.

• Summarized by Kathleen DiSanto , Bush Ross, PA
• 9 months 2 weeks ago

Citation:

16-13483 (11th Circuit, Dec 27,2018) Published

Case Status:

Affirmed

Ruling:

In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...

Judge(s):

Martin, Jill Pryor and Anderson

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Professional Practice Areas
• Labor/Employment
• 363

IN RE: DUKES

• Summarized by Kathleen DiSanto , Bush Ross, PA
• 10 months 5 days ago

Citation:

16-16513 (11th Circuit, Dec 06,2018) Published

Case Status:

Affirmed

Ruling:

In affirming the bankruptcy court and the district court, the Eleventh Circuit held that a chapter 13 debtor's plan did not discharge the credit union's mortgage at the conclusion of her plan...

Judge(s):

Jill Pryor and Julie Carnes, Circuit Judges, and Conway, District Judge

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Discharge/Dischargeability
• Mortgage

Bennett v. Jefferson County, AL

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 1 month ago

Citation:

15-11690 (11th Circuit, Aug 16,2018) Published

Case Status:

Reversed and Remanded

Ruling:

The doctrine of equitable mootness applies to confirmed plans in chapter 9 (as well as chapter 11 and 13) bankruptcy cases. To the extent that constitutional rights may be affected in chapter 9...

Judge(s):

TJOFLAT, MARTIN, and JORDAN

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Municipal Bankruptcy
• 3020(e)

Kaye v. Blue Bell Creameries, Inc.

• Summarized by Kathleen DiSanto , Bush Ross, PA
• 1 year 1 month ago

Citation:

17-13588 (11th Circuit, Aug 14,2018) Published

Case Status:

Reversed and Remanded

Ruling:

In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...

Judge(s):

Martin, Circuit Judge, Julie Carnes, Circuit Judge, and Gilman, Circuit Judge

Tag(s):

• 11th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Professional Practice Areas
• Unsecured Trade Creditors
• 547

Silva v. Pro Transport, Inc.

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 1 year 2 months ago

Citation:

17-12744 (11th Circuit, Aug 10,2018) Published

Case Status:

Reversed

Ruling:

Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...

Judge(s):

W Pryor, J Pryor Anderson

Tag(s):

• 11th Circuit
• Practice and Procedure
• Labor/Employment

Daughtrey v. Rivera

• Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
• 1 year 2 months ago

Citation:

15-14544 (11th Circuit, Jul 24,2018) Published

Case Status:

Affirmed

Ruling:

A debtor's right to convert to chapter 11 from chapter 7 pursuant to Section 706(a) is limited by subsection (d). Thus, a debtor's right to convert is expressly conditioned on his ability to...

Judge(s):

Tjoflat, Rosenbaum, and Sentelle

Tag(s):

• 11th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Valuation
• Consumer Bankruptcy
• Mortgage
• Real Estate
• 11 U.S.C § 362 and 11 U.S.C. § 706

Weakley v. Eagle Logistics

• Summarized by William Amann , Braucher & Amann, PLLC
• 1 year 3 months ago

Citation:

17-1402(2)3, DC Docket No 3:16-cv-00403-HNJ (11th Circuit, Jun 29,2018) Published

Case Status:

Affirmed

Ruling:

Because the district court considered all the facts and circumstances of Weakley’s cases in determining whether he intended to mislead the bankruptcy court, see id. at 1185, it did not abuse...

Judge(s):

Carnes, CJ Marcus, Rosenbaum

Tag(s):

• 11th Circuit
• Bankruptcy Litigation
• Ethics
• Fraud
• Consumer Bankruptcy
• Consumer Debt
• Rule 1007
• Rule 1009
• 11 U.S.C § 521

First National Bank of Oneida, N.A. v. Brandt

• Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
• 1 year 5 months ago

Citation:

17-11654 (11th Circuit, Apr 24,2018) Published

Case Status:

Reversed and Remanded

Ruling:

District Court ruling vacated and remanded in light of changed circumstances. Specifically, remanded for district court to consider whether dismissal of an individual's confirmed chapter 11...

Judge(s):

Pryor, Carnes, Antoon

Tag(s):

• 11th Circuit
• Automatic Stay
• Bankruptcy Litigation
• Discharge/Dischargeability
• 502
• 1141

Cadwell v. Kaufman, Englett & Lynd, PLLC

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 1 year 6 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

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