In affirming the bankruptcy court's grant of summary judgment in favor of defendants, the Eleventh Circuit held that plaintiff was sufficiently on notice of defendants' defenses and was not...
The Eleventh Circuit affirmed the decision of the bankruptcy court, because the debtor failed in her opening brief to address one of the two alternative holdings of the bankruptcy court. More...
The Eleventh Circuit affirmed the tax court's determination that the consent order entered between the IRS and Breland during the pendency of his chapter 11 bankruptcy did not fix Breland's tax...
In a split opinion (Chief Judge Pryor, dissenting) -- in which both the majority and the dissent focused on the meaning of the word "is" -- the Eleventh Circuit held that 11 U.S.C. § 1125(a)(3)...
Judge(s):
WILLIAM PRYOR, Chief Judge, and LUCK and ED CARNES, Cir-cuit Judges
While agreeing that a strict application of 11 U.S.C. § 109(a) would prohibit an individual who does live in the United States from being a debtor in a Chapter 15 proceeding, the Eleventh Circuit...
As had the immediately lower court, the U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the U.S, Bankruptcy Court for the Middle District of Florida (BC) not to...
Judge(s):
Robin S. Rosenbaum; Jill A. Pryor; and Britt Grant
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) affirmed the decision of the United States Bankruptcy Court for the Northern District of Florida (BC) concluding that the individual...
Judge(s):
William H. Pryor Jr.; Jill A. Pryor; and Stanley Marcus
The 11th Circuit had jurisdiction because the "motion for leave" was construed as a motion for reconsideration under Rule 59 and therefore, tolled the 30 day deadline for an appeal. As to the...
Judge(s):
Charles R. Wilson, Jill A. Pryor, Andrew L. Brasher
Applying a circuit rule--that a contempt order that contemplates imposing attorneys’ fees as a contempt sanction but does not specify the amount of any award is not a final, appealable order; the...
Judge(s):
Robin S. Rosenbaum; Elizabeth L. Branch; and Andrew L. Brasher
The Eleventh Circuit affirmed rulings that debtor's conduct did not amount to concealment of estate property or constitute false oaths necessary to bar discharge under section 727. The Eleventh...
Judge(s):
Jill Pryor and Grant, Circuit Judges and Maze, District Judge