Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 8 months ago
Citation:
United States Court of Appeals for the 11th Circuit, Case No. 11-13115 The case was decided on March 22, 2013, and will be published.
Ruling:
The District Court ruled that an annuity purchased by the Debtor with inherited funds one year before filing bankruptcy was exempt as an “annuity” under the Georgia bankruptcy exemption...
Case No. 11-13574 (11th Cir. July 18, 2012) (per curiam) (unpublished)
Ruling:
An entity that regularly attempts to collect debts can be a "debt collector" beyond section 1692f(6) of the Fair Debt Collection Practices Act even ehwne the entity is also enforcing a security...
Judge(s):
Circuit Judges Marcus and Black, and District Judge Wm. Terrell Hodges, U.S. District Court for the Middle District of Florida, sitting by designation
The 11th Circuit Court of Appeals REVERSED the district court order and reinstated the bankruptcy court judgment that a transfer was not avoidable because the debtor did not have control of the...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
13 years 8 months ago
Citation:
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 11-14823 (11th Cir. July 6, 2012) (unpublished) (per curiam)
Ruling:
Affirming district court's order order dismissing involuntary petition with prejudice because Appellants failed to prove reversible error. While the Eleventh Circuit's 2 page decision affirms the...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 9 months ago
Citation:
In the United States Court of Appeals for the Eleventh Circuit Case Number 10-12836 (not published)
Ruling:
The Eleventh Circuit Court of Appeals made several rulings in affirming the judgment of the District Court. First, the Court held that the unrebutted allegation in the Complaint that payments on a...
Judge(s):
Circuit Judges Edmondson and Barkett and District Court Judge Fuller, sitting by designation.
Summarized by Walter Kelley , Kelley, Lovett, Blakey & Sanders, P.C.
13 years 9 months ago
Citation:
Case No. 11-15040 (11th Cir. June 6, 2012) (unpublished)(per curiam).
Ruling:
The 11th Circuit affirmed the district court's reversal of an order entered by the bankruptcy court that enjoined the Florida Department of Revenue from attempting to collect a past due child...
Alderwoods Group, Inc. v. Garcia, et al., Case No. 10-14726 (11th Cir. May 30, 2012) (published)
Ruling:
The judgment of the United States District Court for the Southern District of Florida ("District Court") is vacated because the United States Bankruptcy Court for the Southern District of Florida...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and Robert T. DAWSON, United States District Judge for the Western District of Arkansas, sitting by designation
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
13 years 10 months ago
Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Chen v. Siemens Energy, Inc., Case No. 11-14372 (11th Cir. May 2, 2012) (per curiam)
Ruling:
Unless abandoned by a Chapter 7 trustee, the debtor lacks standing to continue prosecuting a prepetition cause of action once he or she files a voluntary petition for relief under chapter 7 of the...
Judge(s):
Dubina, Chief Judge, and Jordan and Anderson, Circuit Judges
Summarized by B. Chandler , Louisiana State University Paul M. Hebert Law Center
13 years 10 months ago
Citation:
Case No. 11-11071 (11th Cir. May 15, 2012)
Ruling:
The Eleventh Circuit REVERSED the order of the district court, AFFIRMED the liability findings of the bankruptcy court, and REMANDED to the district court for further proceedings consistent with...
