Lorraine McNeal v. GMAC Mortgage, LLC, et al., Case No.:11-11352 (11th Cir. May 11, 2012)(unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that a wholly unsecured junior lien on a Chapter 7 debtor's home may be "stripped off" pursuant to Section 506(d) of the Bankruptcy Code.
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 11 months ago
Citation:
United States Court of Appeals for the 11th Circuit Case No. 10-14366 (not yet published)
Ruling:
A complaint that was filed by two borrowers against a law firm stated a claim for relief for damages based on an alleged violation of the Federal Debt Collection Practices Act (15 U.S.C. section...
Judge(s):
Circuit Court Chief Judge Dubina, Circuit Judge Carns and District Judge Forrestor (sitting by designation)
The Eleventh Circuit determined that a standard “no-action clause” in a trust indenture prevents noteholders who are not within a stated exception to the clause from asserting fraudulent...
Judge(s):
Wilson and Martion, Circuit Judges, and Albritton, District Judge
1. Denial of discharge under section 727(a)(4) affirmed where bankruptcy court found actual intent to defraud on the part of the debtor, thereby applying correct standard. Fact that transfer of...
Case No. 10-14619 (11th Cir. Mar. 30, 2012) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit reversed the district court's dismissal of a complaint alleging a violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e, because plaintiff's allegation that...
Judge(s):
Chief Judge Dubina, Circut Judge Carnes, and District Court Judfe J. Owen Forrester (N.D. Ga.), sitting by designation.
The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
Judge(s):
Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 1 week ago
Citation:
No. 10-14618 (March 15, 2012) [Not Published]
Ruling:
Vacated and Remanded. The Debtor's complaint on its face states a claim upon which relief may be granted under the FDCPA. Unofficial lessons of this case: The FDCPA clearly defines the term...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 1 month ago
Citation:
11th Circuit Court of Appeals case number 11-12061 (unpublished)
Ruling:
The United States District Court did not abuse its discretion when it dismissed the Debtor's appeal for failure to pay the filing fee or to seek leave to proceed in forma pauperis.
The Eleventh Circuit determined that because a creditor obtained a fraudulent transfer judgment containing a finding that a chapter 7 debtor intended to prevent the creditor from satisfying...
- Summary judgment on claims under Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. affirmed where (a) letter sent to invalid address was not "initial communication" but...
