Home » 11th Circuit

Johnson v. Midland Funding, LLC

  • Summarized by Paul Avron , Berger Singerman LLP
  • 8 years 7 months ago
Citation:
No. 15-11240 (11th Cir. May 24, 2016)
Ruling:
In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt...
Judge(s):
Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.
Tag(s):

Uberoi v. Supreme Court of Florida

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 8 years 8 months ago
Citation:
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling:
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman...
Judge(s):
Carnes; Hull; Marcus
Tag(s):

Uberoi v. Supreme Court of Florida

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 8 years 8 months ago
Citation:
--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)
Ruling:
District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally...
Judge(s):
Ed Carnes, Hull, and Marcus
Tag(s):

Rosenberg v. DVI Receivables XIV, LLC, et al.

  • Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
  • 8 years 9 months ago
Citation:
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling:
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically...
Judge(s):
Marcus, Jill Pryor, and Fay, Circuit Judges.
Tag(s):

Justice v. U.S.A

Citation:
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling:
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as...
Judge(s):
Tjoflat, Martin and Anderson, Circuit Judges
Tag(s):

Slater v. U.S. Steel Corp.

  • Summarized by David Bury , Stone & Baxter, LLP
  • 8 years 10 months ago
Citation:
Slater v. U.S. Steel Corp., No. 12-15548 (11th Cir. Feb. 24, 2016)
Ruling:
The ruling consists of 2 important parts: (i) a 32 page per curiam decision affirming the District Court and (ii) a 78 page concurrence by Judge Tjoflat encouraging the 11th Circuit to revisit...
Judge(s):
Tjoflat; Pryor; Scola (District Judge sitting by designation from the S.D. Fla.)
Tag(s):

Ullrich v. Welt (In re NICA Holdings, Inc.)

  • Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
  • 9 years 3 weeks ago
Citation:
Ullrich v. Welt (In re NICA Holdings, Inc.), — F.3d —, No. 14-14685 (11th Cir. Dec. 17, 2015)
Ruling:
The Eleventh Circuit held that the assignee under Florida’s Assignment for the Benefit of Creditors statute could not place an assignor entity into bankruptcy without specific authority. ...
Judge(s):
Carnes, Chief Judge, Martin, Circuit Judge, and Walter, District Judge (sitting by designation)
Tag(s):

First Citizens Bank and Trust Company, Inc. v. River Walk Farm, L.P., et al.

  • Summarized by Paul Avron , Berger Singerman LLP
  • 9 years 4 months ago
Citation:
No. 14-14356 (11th Cir. Aug. 18, 2015).
Ruling:
The Eleventh Circuit affirmed the District Court's finding that the assignee of underlying loans, promissory notes, deeds and guarantees had presented sufficient evidence to establish the damages...
Judge(s):
Carnes, Tjoflat and Wilson, Circuit Judges
Tag(s):

Bank of America, N.A. v. Iest (In re Iest)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 9 years 4 months ago
Citation:
No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
Ruling:
In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
Judge(s):
Wilson, Rosenbaum, and Cox
Tag(s):

Green Point Credit, LLC v. McLean (In re McLean)

Citation:
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Tag(s):

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