Home » 11th Circuit

Bank of America v. Waits (In re Waits)

  • Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
  • 9 years 5 months ago
Citation:
Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).
Ruling:
Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district...
Judge(s):
Circuit Judges Tjoflat, Jordan and Black
Tag(s):

Valone v. Waage (In re Valone)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 9 years 8 months ago
Citation:
14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
Ruling:
The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
Judge(s):
Wilson, Fay, and Ripple, Circuit Judges
Tag(s):

Curtis, et al. v. Perkins (In re International Management Associates, LLC)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 9 months ago
Citation:
Curtis v. Perkins (In re International Management Associates, LLC), No. 14-13423 (11th Cir. Mar. 19, 2015)
Ruling:
The Eleventh Circuit affirmed the Georgia District Court’s affirmance of the Bankruptcy Court’s admission of critical business summaries and its Ponzi scheme finding. With respect to the...
Judge(s):
Carnes; Hull; and Rosenbaum
Tag(s):

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 9 years 10 months ago
Citation:
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling:
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Tag(s):

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

  • Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
  • 9 years 10 months ago
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..)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 9 years 10 months ago
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.)

  • Summarized by Paul Avron , Berger Singerman LLP
  • 9 years 11 months ago
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.

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 10 years 3 months ago
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)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 10 years 4 months ago
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):

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