- 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...
Defalcation under 11 U.S.C. 523(a)(4) "requires a known breach of a fiduciary duty, such that the conduct can be characterized as objectively reckless." The Debtor, as trustee, should have known...
Summarized by Walter Kelley , Kelley, Lovett, Blakey & Sanders, P.C.
14 years 3 months ago
Citation:
11- 10231 (11th Cir. Feb. 7, 2012) (Unpublished)
Ruling:
The Chapter 7 trustee for a debtor parent company could not bring a breach-of-contract action against an insurance company for failing to honor a claim submitted by the company’s wholly owned...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 4 months ago
Citation:
11-13764; D.C. Docket No. 0:10-cv-60783-KMM
Ruling:
The Eleventh Circuit Court of Appeals affirmed the District Court's holding that where a consumer prevails in a lawsuit brought under the Fair Debt Collection Practices Act, the consumer may not...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
14 years 4 months ago
Citation:
No. 10-15119 (Jan. 11, 2012) [Do Not Publish]
Ruling:
Affirming district court's grant of summary judgment in favor of Defendants on borrower-Plaintiff's multi-count complaint against her mortgage lender and their attorneys for violations of the Fair...
The Eleventh Circuit Court of Appeals affirmed the District Court's judgment affirming the Bankruptcy Court's holding that Southeastern Commercial Finance LLC's ("Southeastern") mortgage interests...
The Eleventh Circuit Court of Appeals affirmed the District Court and Bankruptcy Court's holding that "an over secured creditor is only entitled to the contract rate of interest [on its allowed...
Judge(s):
Dubina (Chief Judge), Cox (Circuit Judge), and Hunt (District Judge).
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
14 years 5 months ago
Citation:
(11th Cir.)Case No. 11-10891(unpublished)
Ruling:
The Eleventh Circuit affirmed the Georgia District Court’s dismissal of federal claims of pro se litigant, Carolyn Boone, and remand of her state court claims to state court. Boone had filed a...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 5 months ago
Citation:
IN RE J.H. Investment Services, Inc. United States of America vs. Steven Oscher, Chapter 11 Trustee; 11th United States Court of Appeals N0. 10-15627 (unpublished)
Ruling:
The IRS was not entitled to receive a distribution from a carve out fund set aside for the Debtor's unsecured creditors. The basis for the ruling is that the proof of claim which filed by the IRS...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 6 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
