Relying on the harmless error standard in Rule 9005, the court bypassed the issue of whether a bankruptcy court may order the substantive consolidation of two or more entities without the...
Judge(s):
WILLIAM PRYOR, Chief Judge, and BRASHER and ABUDU, Circuit Judges
The U.S. Court of Appeals for the Eleventh Circuit held that while contingent indemnification claims by co-liable creditors are disallowed under 11 U.S.C. § 502(e)(1)(B), claims for accrued...
The district court’s order refusing to stay the sale is not final, as it did not end any bankruptcy proceedings, and it is not immediately appealable because it does not implicate a substantial...
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
The Eleventh Circuit affirmed the bankruptcy court's ruling that the debtor transferred intangible assets for reasonably equivalent value, as the bankruptcy court did not err in excluding the...
The U.S. Court of Appeals for the Eleventh Circuit affirmed a bankruptcy court's order finding a bank account held by the chapter 7 debtor and his non-debtor spouse was exempt property. In Florida,...
The district court erred by granting the defendants’ summary judgment motion for the Real Estate Settlement Procedures Acts claim because the plaintiff attached the required Qualified Written...
The circuit court affirmed the district court’s finding that the bankruptcy court did not err by annulling the automatic stay or denying Debtor's motion for reconsideration. The record supported...
The Eleventh Circuit affirmed the district court’s order affirming the bankruptcy court’s dismissal of the debtor’s complaint objecting to a proof of claim. The Eleventh Circuit held that the...
The U.S. Court of Appeals for the Eleventh Circuit reversed a bankruptcy court's award of monetary sanctions under 28 U.S.C. § 1927 against Appellant, a non-attorney pro se litigant. Appellant...