Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
Ruling:
The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
Judge(s):
Marcus, Circuit Judge; Proctor and Evans, District Judges.
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
11 years 9 months ago
Citation:
Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
Ruling:
The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
The primary holdings were that (i) a transfer made in furtherance of a Ponzi scheme establishes as a matter of law actual intent to hinder, delay or defraud under Florida's version of the Uniform...
Judge(s):
Circuit Judges Martin and Anderson, and U.S. District Court Judge Fuller, Middle District of Alabama
Crouser v. BAC Home Loans Servicing, LP (In re Crouser), Case No. 13-14304 (11th Cir. June 6, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that settlement proceeds derived from the post-confirmation settlement of claims against the debtor's mortgagor for violation of the automatic stay were property of his...
Reversal of District Court decision reversing Bankruptcy Court and remand for determination of attorneys' fees.
Bankruptcy Court did not abuse its discretion when it refused to allow bank to...
Judge(s):
WILSON, JORDAN, and ROTHSTEIN (District Judge sitting by designation)
The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants.
The Circuit Court held that emotional distress damages fall...
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property...
Judge(s):
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
11 years 12 months ago
Citation:
2014 WL 1226852
Ruling:
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the...
Dunn v. Advanced Medical Specialties, Inc., et al., Nos. 12-11152 and 12-15989 (11th Cir. Feb. 10, 2014)
Ruling:
The Eleventh Circuit affirmed a District Court’s orders (i) granting summary judgment in a Chapter 7 Debtor’s discrimination suit and (ii) denying a Chapter 7 Trustee’s motion to vacate the...
Judge(s):
Marcus and Dubina, Circuit Judges; Hodges, District Judge
