Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
12 years 2 months ago
Citation:
Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)
Ruling:
Affirming district court's ruling that appeal was moot due to debtor-plaintiff's failure to obtain a stay of sale under 11 U.S.C.§363(m). Closing by trustee before sale order was final did not...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
12 years 2 months ago
Citation:
11th Circuit Court of Appeals Case Number 11-15079 (will be published)
Ruling:
The Court affirmed the District Court's entry of final judgment in favor of the defendants following the dismissal of the liquidating trustee's complaint for failure to state a claim for relief.
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 4 months ago
Citation:
Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
Ruling:
Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
12 years 4 months ago
Citation:
Greg F. Colbourne v. Ocwen 12-14722(11th Cir Oct, 2013) (unpublished)(per curiam)
Ruling:
Circuit Court affirmed bankruptcy court ruling that because Debtor ineligible for a Chapter 13 discharge he could not cram down the value on first-priority liens on investment properties in his...
The Court of Appeals for the Eleventh Circuit affirmed the ruling entered by the bankruptcy court and affirmed on appeal by the District Court for the Souther District of Florida which held that...
Judge(s):
Hull and Martin, Circuit Judges; Bowen, District Judge
The Education Resources Institute v. Zumbro (In re Zumbro), Case No. 13-11868 (11th Cir. Oct. 3, 2013) (unpublished).
Ruling:
The Eleventh Circuit Court of Appeals held that the district court properly affirmed the bankruptcy court’s order determining that student loans co-signed by the debtor were dischargeable.
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 5 months ago
Citation:
Macias v. Dillworth (In re Macias), Case No. 13-10336 (11th Cir. Oct. 1, 2013) (unpublished) (per curiam).
Ruling:
Appellate court ruled that for purposes of setting aside or vacating a final default judgment under Rule 60(b), the test set forth by In re Worldwide Web Sys., Inc., requiring a defaulting party...
A chapter 13 trustee who, depsite having actual knowledge that a secured creditor's lien was unperfected as of the date the debtor filed the bankruptcy case, and who affirmatively recommended...
Judge(s):
Circuit Judges Adalberto Jordan and Rosemary Barkett, and District Judge Harvery Schlesinger, Middle District of Florida, sitting by designation
Stevenson v. Uttermohlen (In re Uttermohlen), Case No. 13-10289 (11th Cir. Aug. 9, 2013) (unpublished) (per curiam).
Ruling:
The United States Court of Appeals for the Eleventh Circuit affirmed the judgment of the United States District Court for the Middle District of Florida, and ruled that the debtor's right to a tax...
