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...
Fisher Island Ltd. v. Fisher Island Invs., Case No. 12-13045 (11th Cir. May 1, 2013) (unpublished).
Ruling:
Affirming the district court, the Eleventh Circuit Court of Appeals held the district court properly dismissed an appeal from the bankruptcy court for lack of standing.
Owens v. GMAC Mortgage, LLC (In re Owens), Case No.12-15142 (11th Cir. April 29, 2013) (unpublished) (per curiam)
Ruling:
If an appellant intends to urge on appeal that a finding or conclusion is unsupported by evidence or is contrary to the evidence, the appellant must include in the record a transcript of all...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 4 weeks ago
Citation:
11th Circuit Court of Appeals Case Number 12-15604 (will not be published)
Ruling:
Dividends paid to a shareholder prior to bankruptcy in accordance with a provision of a shareholders agreement were not constructively fraudulent transfers. The shareholders agreement provided...
Judge(s):
11th Circuit Court Judges Tjoflat, Marcus and Wilson
William Arthur Thomas, III v. Theresa M. Bender (In re Thomas); Case No.: 12-13936 (11th Cir. Apr. 16, 2013)(unpublished)(per curiam)
Ruling:
The Eleventh Circuit found no reversible error in lower court's holding that proceeds from a post-petition real estate sale arising from a pre-petition option contract constituted property of the...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
13 years 2 months ago
Citation:
Avenue CLO Fund Ltd. v. Bank of America, N.A., Case No. 11-10468 (11th Cir. Feb. 20, 2013)
Ruling:
Affirming the district court's rulings, the 11th Circuit concluded that (A) the plaintiff Term Lenders lacked standing to enforce the defendant Revolving Lenders' promise to lend to Borrowers under...
Judge(s):
Tjoflat, Martin and Bucklew (sitting by designation)
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 3 months ago
Citation:
In re Jean (Jean v. SunTrust Bank), Case No. 12-13333 (11th Cir. February 13, 2013) (unpublished) (per curiam).
Ruling:
Whether the automatic stay comes into effect upon the filing of a bankruptcy petition does not hinge on whether two cases have been filed within the year, but rather, whether two cases have been...
Summarized by B. Chandler , Louisiana State University Paul M. Hebert Law Center
13 years 3 months ago
Citation:
Case No. 11-15214 (11th Cir. February 13, 2013)
Ruling:
The Eleventh Circuit AFFIRMED the order of the United States District Court for the Southern District of Florida dismissing the case of Eugenia Hasbun (“Plaintiff”) with prejudice. ...
U.S. v. Turner, No. 12-14354 (11th Cir. Feb. 12, 2013)
Ruling:
Under the sentencing guidelines, a higher loss led to a higher sentence. The Debtor argued that the loss here was $28,500 because he actually used some of the $40,000 to satisfy the mortgagee. ...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 3 months ago
Citation:
11th Circuit Court of Appeals Case Number 12-14069 (will not be published)
Ruling:
The 11th Circuit affirmed the District Court's ruling, which affirmed the Bankruptcy Court's determination that a debt owed by the debtor to a bank was not dischargeable. Specifically, the debt...
