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Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).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Lopez v. Bank of America (In re Lopez), Case No. 14-10518 (11th Cir. Sept.3, 2014)(unpublished)(per curiam)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):

Tobkin v. The Florida Bar (In re Tobkin)

Citation:
Tobkin v. The Florida Bar (In re Tobkin), Case No. 14-10272 (11th Cir. Aug. 28 2014) (per curiam) (unpublished).
Ruling:
The Florida Bar is a governmental unit pursuant to Section 101(27) of the Bankruptcy Code and thus cost judgment entered against Debtor as a disciplinary fine and penalty was non dischargeable...
Judge(s):
Hull, Martin and Anderson
Tag(s):

Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC)

Citation:
Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC), Case No. 13-11666 (11th Cir. Aug. 15, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that the bankruptcy court abused its discretion and applied the incorrect legal standard in denying Joseph G. Wortley’s (“Wortley”) Rule 60(b)(2) motion to set aside...
Judge(s):
Fay, Circuit Judge, and Hodges and Huck, District Judges.
Tag(s):

Graham Mortgage Corp. v. Goff (In re Goff)

Citation:
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling:
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the...
Judge(s):
DAVIS, SMITH, and CLEMENT.
Tag(s):

General Lending Corp. v. Cancio

Citation:
General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
Ruling:
The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...
Judge(s):
Pryor, Martin and Edmondson
Tag(s):

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