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In re: Philip Charles DeVries,

Summarizing by Amir Shachmurove

Thomas Scott Tufts v. Edward C. Hay

Citation:
United States Court of Appeals for the Eleventh Circuit Nos. 19-11496 & 19-11603 (11th Circuit, Oct 20,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals for the Eleventh Circuit (COA) affirmed the U.S. District Court’s decision to deny the motion to dismiss for lack of personal jurisdiction. However, the COA reversed the...
Judge(s):
The Hons. Martin, Rosenbaum, and Tallman
Tag(s):

In re Jerry Dewaye Gaddy

Citation:
19-11699 (11th Circuit, Sep 29,2020) Published
Case Status:
Affirmed
Ruling:
The court found that the lenders 523(a)(2)(A) claims failed because there was no showing that the loans guaranteed by the debtor were obtain by false pretenses, a false presentation or actual...
Judge(s):
William Pryor, Grant and Antoon
Tag(s):

In re Feshback

Citation:
19-10060 (11th Circuit, Sep 09,2020) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court properly considered both the debtors' personal expenses and offers in compromise when it ruled that the debtors knowingly violated their duty to pay their 2001 income tax...
Judge(s):
JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge
Tag(s):

In Re: RACHEL CAPELOTO GUILLEN,

Citation:
17-13899 (11th Circuit, Aug 25,2020) Published
Case Status:
Affirmed
Ruling:
On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
Judge(s):
Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
Tag(s):

In re Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
Judge(s):
Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
Tag(s):

Medley v. Dish Network

Citation:
18-13841 (11th Circuit, May 01,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Circuit Court found that the District Court erred in finding the Pause debt was not discharged in the plaintiff's bankruptcy. The Agreement was deemed rejected as a matter of law under the...
Judge(s):
Jill Pryor, Grant and Royal (sitting by designation)
Tag(s):

Chittranjan Thakkar v. Bay Point Capital Partners, LLC

Citation:
18-12536 (11th Circuit, Apr 08,2020) Published
Case Status:
Affirmed
Ruling:
The appellant did not have standing to maintain the appeal once the debtor withdrew from the appeal. Article III standing requires a person to establish a particularized, actual injury. In order to...
Judge(s):
WILSON, BRANCH, and JULIE CARNES
Tag(s):

Randolph Sellers, et all v. Rushmore Loan Management Services

Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
Ruling:
District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
Judge(s):
Wilson, J. Pryor, and Thapar
Tag(s):

Jenny Smith v. Haynes & Haynes P.C.

Citation:
17-14150 (11th Circuit, Oct 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
Judge(s):
Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
Tag(s):

Yerian v. Webber (In re: Verian)

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):

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