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United Joint Venture, LP v. Noble (In re Jennings)

  • Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
  • 12 years 8 months ago
Citation:
Case No. 12-16371 (11th Cir. July 15, 2013) [Not for Publication]
Ruling:
Chapter 7 Trustee's business judgment to close estate as a "no asset" and not sell or settle Michigan Judgment was within his business judgment under Section 544(a) and District Court deference to...
Judge(s):
Hull, Jordan and Hill
Tag(s):

Lawrence v. Educational Credit Management Corp.

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 12 years 8 months ago
Citation:
Eleventh Circuit Court of Appeals Case Number 12-16032 (will not be published)
Ruling:
The District Court's dismissal of a bankruptcy appeal for failure to timely file and serve an initial brief or otherwise prosecute the appeal was affirmed.
Judge(s):
Tjoflat, Hull and Pryor
Tag(s):

Smith v. Atlantic Southern Bank (In re Smith)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 8 months ago
Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
Judge(s):
Carnes, Barkett, and Fay
Tag(s):

Piazza v. Nueterra Healthcare Physical Therapy, LLC (In re Piazza)

  • Summarized by Stephen Starks , Phelan Hallinan Diamond & Jones PLLC
  • 12 years 9 months ago
Citation:
Piazza v. Nueterra Healthcare Physical Therapy LLC. Case No. 12-12899 (11th Cir. June 26, 2013)(published)
Ruling:
Under § 707(a) of the bankruptcy code, the bankruptcy court may involuntarily dismiss a Chapter 7 petition for cause due to Debtor’s prepetition bad faith conduct.
Judge(s):
Marcus, Black, Siler, Circuit Judges.
Tag(s):

U.S. v. Rothstein (In re Rothstein, Rosenfeldt, Adler, P.A.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 12 years 9 months ago
Citation:
717 F.3d 1205 (11th Cir. 2013)
Ruling:
Judgment of District Court vacated and remanded. Where proceeds of Ponzi scheme were commingled with law firm's legitimate income in bank account in name of law firm, Government precluded as a...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge (sitting by designation)
Tag(s):

Apps v. Morrison (In re Superior Homes & Investments, LLC)

  • Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
  • 12 years 9 months ago
Citation:
11th U.S. Circuit Court of Appeals Case Number 12-15451 (will not be published)
Ruling:
The 11th Circuit Court of Appeals AFFIRMED the United States District Court for the Middle District of Florida approving a compromise that enjoined the appellant creditors from proceeding with...
Judge(s):
11th Circuit Court Judges Marcus, Wilson and Kravitch.
Tag(s):

Hansjurgens v. Bailey (In re Bailey)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 12 years 9 months ago
Citation:
Hansjurgens v. Bailey (In re Bailey), Case No. 4:11-cv-00202 (11th Cir. June 11, 2013) (unpublished) (per curiam)
Ruling:
11th Circuit affirmed District Court's dismissal of pro se debtor's appeal, where debtor did not establish "excusable neglect" sufficient to overcome his failure to file a notice of appeal in a...
Judge(s):
Hull, Jordan and Anderson, Circuit Judges.
Tag(s):

National City Mortgage v. Gordon (In re Bennett)

  • Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
  • 12 years 10 months ago
Citation:
National City Mortgage v. Gordon (In re Bennett), No. 12-13239 (11th Cir. May 29, 2013)
Ruling:
On appeal, the Eleventh Circuit looked to Georgia law and found that a rider could not cure the defects involving attestation. The Eleventh Circuit also held that Georgia law dictated that a rider...
Judge(s):
Circuit Judges Carnes, Wilson and Anderson
Tag(s):

Crumpton v. Stephens (In re Northlake Foods, Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 12 years 10 months ago
Citation:
Case No. 12-15603 (11th Cir. May 6, 2013)
Ruling:
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Judge(s):
Tjoflat, Martin and Jordan
Tag(s):

Desmarais v. Jhelum Enterprises, LLC (In re Desmarais)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 12 years 10 months ago
Citation:
No. 12-15084 (Unpublished)
Ruling:
Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of...
Judge(s):
TJOFLAT, WILSON and ANDERSON
Tag(s):

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