Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 11 months ago
Citation:
No. 09-12237 (11th Cir. Apr. 29, 2011) [Publish]
Ruling:
Affirmed. Holding: Res judicata precludes post-confirmation amendments to claim absent some "compelling reason." No compelling reason found where creditors did not contest pre-confirmation claim...
Case No. 10-15517 (11th Cir. April 14, 2011) (unpublished)
Ruling:
The defendant finance company didn't violate "Regulation Z" concerning TILA-required disclosure of finance charges required by section 226.4(d)(2), 12 C.F.R., when it (i) disclosed to the borrower...
Summarized by Ji Kim , Willkie Farr & Gallagher LLP
14 years 11 months ago
Citation:
11th Circuit Court of Appeals, No. 10-11695, Appeal from the United States District Court for the Middle District of Florida, April 7, 2011
Ruling:
The Court ruled that a motion for reconsideration is untimely if it is filed past the ten day period to appeal under Fed. R. Bankr. P. 8002(a) and cannot be enlarged by Fed. R. Bankr. P. 8002(c)...
Summarized by Scott Gautier , Faegre Drinker Biddle & Reath LLP
15 years 1 month ago
Citation:
No. 10-10596 (11th Cir. Feb. 24, 2011)
Ruling:
Reverse decisions of the District Court and the Bankruptcy Court for clear error. Debtor's discretionary spending habits and failure to file tax returns supported finding that Debtor had willfully...
The primary ruling is that a creditor that fails to object to confirmation of a Chapter 11 plan based upon the absolute priority rule may prosecute an appeal on that ground under the "civil plain...
The Eleventh Circuit reversed the district court's affirmance of the bankruptcy court's award of Rule 9011 sanctions because the motion for sanctions did not identify with specificty the conduct...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
15 years 1 month ago
Citation:
No. 09-15732 (11th Cir. Feb.3, 2011)
Ruling:
The Eleventh Circuit affirmed in part and reversed in part. The Court AFFIRMED the bankruptcy court and district court order denying Zuppardo's interest in the Sale Proceeds; and REVERSED the...
On an issue of first impression, the Eleventh Circuit Court of Appeals, in reviewing the opinion of the District Court granting summary judgment in favor of a debt collector based on the...
