Aligning with Fourth and Fifth Circuits, the Eleventh Circuit held that corporate debtors in Subchapter V proceedings who seek to confirm non-consensual plans under section 1191(b) cannot discharge...
The bankruptcy court's exercise of its power under 11 U.S.C. § 362(d) to annul the automatic stay was not subject to the Supreme Court's prohibition on nunc pro tunc orders. See Catholic...
Judge(s):
WILLIAM PRYOR, Chief Judge, and GRANT and KIDD, Circuit Judges.
11th Circuit affirmed the bankruptcy court’s approval of a settlement between the bankruptcy estate’s trustee and a creditor, Green Tech Development, LLC.
The U.S. Court of Appeals for the Eleventh Circuit upheld a district court's sua sponte dismissal, with prejudice, of a pro se plaintiff/debtor's in forma pauperis complaint against a bankruptcy...
In this second appeal arising out of a long-running case based on allegations of a transnational fraudulent scheme-a conspiracy by and among Citigroup, Inc. (Citi); its agents, Citibank (CB) and...
Judge(s):
Jill A. Pryor; Elizabeth L. Branch; and Britt C. Grant
Legacy HOA was not a creditor of individual debtor Dombrowski, therefore Legacy did not violate the automatic stay and was not bound by the debtor's confirmed chapter 11 plan. The Eleventh Circuit...
A federal tax lien attaches to all of a debtor's assets and has priority from the date on which notice of the lien is filed. As a result, a secured creditor's security interest, even though...
Judge(s):
RANCH and LUCK, Circuit Judges, and BERGER, District Judge
When seizing assets pursuant to a court order, a bankruptcy trustee has judicial immunity so long as they act within the scope of their authority as court-appointed officers. In the case at hand,...
The Eleventh Circuit held that the district court erred in dismissing the pro se debtors’ appeal for lack of jurisdiction and abused its discretion in dismissing the case as a sanction for...
Bankruptcy court did not err in converting chapter 13 case to chapter 7 where debtor consistently failed to comply with bankruptcy court orders and demonstrated bad faith, nor did the court violate...
