DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

Citation:
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 13-14781 (11th Cir. Feb 27, 2015)
Ruling:
Affirmed in part, vacated in part, and remanded. Adopting analysis and reasoning of Glannon v. Carpenter (In re Glannon), 245 B.R. 882, 894-95 (D.Kan.2000) re scope of award for attorney's fees...
Judge(s):
Hull, Julie Carnes, and Walker (John M. Walker, 2nd Circuit sitting by designation)
Tag(s):

JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..)

Citation:
JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..), Case No. 12-15595 (11th Cir. Feb. 20, 2015) .]
Ruling:
In five consolidated appeals involving a dispute as to the ownership of three related involuntary bankruptcy debtors, the Eleventh Circuit affirmed the District Court’s (i) denial of the Zeltser...
Judge(s):
HULL, JULIE CARNES and WALKER (Hon. John Walker, Jr., U.S. Circuit Judge for the Second Circuit, sitting be designation).
Tag(s):

Iberiabank v. Geisen (In re FFS Data, Inc.)

Citation:
Case No. 14-11473 (11th Cir. Jan. 23, 2015)
Ruling:
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's...
Judge(s):
Tjoflat, Pryor and Cox
Tag(s):

Mais v. Gulf Coast Collection Bureau, Inc.

Citation:
--- F.3d ----, 2014 WL 4802457, No. 13-14008 (11th Cir. Sept. 29, 2014)
Ruling:
Reversed and remanded for entry of summary judgment in favor of debt collector defendant based on prior express consent defense. Calls by medical debt collector to cellular phone where cellular...
Judge(s):
HULL, MARCUS and HILL, Circuit Judges
Tag(s):

Bank of America, NA v. Phillips (In re Phillips)

Citation:
Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that the McNeal and Folendore decisions are binding precedent in affirming the decision of the bankruptcy court and the district court which permitted chapter 7 debtors to...
Judge(s):
Wilson, Rosenbaum, and Cox, Circuit Judges
Tag(s):

Lamarca v. Jansen (In re Bifani)

Citation:
LaMarca v. Jansen (In re Bifani), Nos. 14-10826, 14-11149 (11th Cir. Sep. 11, 2014)
Ruling:
The Eleventh Circuit affirmed the District Court’s upholding of the Bankruptcy Court’s conclusion that certain real estate transfers were fraudulent under FUTA and reversed the District...
Judge(s):
Wilson, Rosenbaum, and Kravitch, Circuit Judges
Tag(s):

Nemcik v. Bank of America (In re Nemcik)

Citation:
Eleventh Circuit Court of Appeals case number 14-11290
Ruling:
The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Middle District of Florida.
Judge(s):
United States Circuit Court of Appeals Judges Marcus, Martin and Anderson
Tag(s):

Lopez v. Bank of America (In re Lopez)

Citation:
Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)
Ruling:
The debtor may "strip off" or void a junior lien, where the amount of debt securing the senior lien exceeds the value of the house.
Judge(s):
Wilson, Rosenbaum, Fay
Tag(s):

Tobkin v. The Florida Bar (In re Tobkin)

Citation:
14-10272; D.C. Docket Nos. 1:13-cv-20992-KAM; 12-bkc-01415-LMI
Ruling:
The Court of Appeals for the 11th Circuit relied on the persuasive authority from other courts in affirming the district court's and bankruptcy court's findings that a state bar acting in the...
Judge(s):
Hull, Martin & Anderson
Tag(s):

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