Slater v. U.S. Steel Corp., No. 12-15548 (11th Cir. Feb. 24, 2016)
Ruling:
The ruling consists of 2 important parts: (i) a 32 page per curiam decision affirming the District Court and (ii) a 78 page concurrence by Judge Tjoflat encouraging the 11th Circuit to revisit...
Judge(s):
Tjoflat; Pryor; Scola (District Judge sitting by designation from the S.D. Fla.)
Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
10 years 3 months ago
Citation:
Ullrich v. Welt (In re NICA Holdings, Inc.), — F.3d —, No. 14-14685 (11th Cir. Dec. 17, 2015)
Ruling:
The Eleventh Circuit held that the assignee under Florida’s Assignment for the Benefit of Creditors statute could not place an assignor entity into bankruptcy without specific authority. ...
Judge(s):
Carnes, Chief Judge, Martin, Circuit Judge, and Walter, District Judge (sitting by designation)
The Eleventh Circuit affirmed the District Court's finding that the assignee of underlying loans, promissory notes, deeds and guarantees had presented sufficient evidence to establish the damages...
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
10 years 8 months ago
Citation:
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling:
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district...
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Curtis v. Perkins (In re International Management Associates, LLC), No. 14-13423 (11th Cir. Mar. 19, 2015)
Ruling:
The Eleventh Circuit affirmed the Georgia District Court’s affirmance of the Bankruptcy Court’s admission of critical business summaries and its Ponzi scheme finding. With respect to the...
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
11 years 3 weeks ago
Citation:
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 13-14781 (11th Cir. Feb 27, 2015)
Ruling:
Affirmed in part, vacated in part, and remanded. Adopting analysis and reasoning of Glannon v. Carpenter (In re Glannon), 245 B.R. 882, 894-95 (D.Kan.2000) re scope of award for attorney's fees...
Judge(s):
Hull, Julie Carnes, and Walker (John M. Walker, 2nd Circuit sitting by designation)
