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Auslander v. Murray

Summarizing by Timothy McKeon

Kaye v. Blue Bell Creameries, Inc.

Summarizing by David Bury

Silva v. Pro Transport, Inc.

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):

Daughtrey v. Rivera

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):

Weakley v. Eagle Logistics

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):

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

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):

Cadwell v. Kaufman, Englett & Lynd, PLLC

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.)

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):

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