Harris v. Liberty Communication Management, Inc., Case No.: 11-14362 (11th Cir. Dec. 19, 2012)(unpublished)
Ruling:
A property management company, employed by a Homeowners Association to collect past due assessments, is not a 'debt collector' subject to the Fair Debt Collection Practices Act ("FDCPA"), and did...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
13 years 3 months ago
Citation:
Witcher v. Early (In re Witcher), Case No. 11-15883 (11th Cir. Dec. 13, 2012)
Ruling:
The Eleventh Circuit held that a bankruptcy court may properly consider a debtor's ability to pay his or her debts as part of the totality-of-the-circumstances test set forth in 11 U.S.C. Section...
Steffen v. Menchise (In re Steffen), Case No. 11-15757 (11th Cir. Dec. 11, 2012) (unpublished) (per curiam)
Ruling:
AFFIRMING the district court and the bankruptcy court, the Eleventh Circuit Court of Appeals held that the order dismissing the debtor's chapter 7 case conditioned upon the satisfaction of certain...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
13 years 3 months ago
Citation:
Iberiabank v. Beneva, Case No. 11-11195 (11th Cir. Nov. 30, 2012)[Publish]
Ruling:
Affirmed. Eleventh Circuit affirmed District Court holding the Termination Clause of sublease falls within the language of Section 1821(e)(13)(A) and therefore unenforceable against the FDIC as...
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 3 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 4 months ago
Citation:
Eleventh Circuit Court of Appeals Case number 12-10601 [not to be published]
Ruling:
The Circuit Court of Appeals affirmed two post-confirmation orders that were entered by the United States Bankruptcy Court for the Southern District of Florida. The orders arose from an...
Judge(s):
Circuit Court Judges Hull and Black, and District Court Judge Whittemore, sitting by designation.
Although a district court, at its discretion, may review interlocutory judgments and orders of a bankruptcy court pursuant to 28 U.S.C. 158(a), a court of appeals only has jurisdiction over final...
Judge(s):
BARKETT, JORDAN, and HALL (District Judge, sitting by designation)
Milani v. One West Bank FSB, Case No. 11-15378 (11th Cir. October 17, 2012) (unpublished) (per curiam).
Ruling:
Plaintiff Borrower failed to state sufficient facts to support claims for wrongful foreclosure, quiet title or fraud. Nor could Plaintiff maintain an action for declaratory judgment because the...
The Court of Appeals for the Eleventh Circuit affirmed the order entered by the bankruptcy court and upheld on appeal by the District Court for the Southern District of Florida which suspended an...
The Eleventh Circuit Court of Appeals Affirmed the bankruptcy court’s order permanently disbarring general practice attorney Darryl A. Parker ("Attorney") from bankruptcy practice in the Middle...
