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Summaries by Lynn Hinson

Silliman v. Cassell (In re Cassell)

Citation:
United States Court of Appeals for the 11th Circuit, Case No. 11-13115 The case was decided on March 22, 2013, and will be published.
Ruling:
The District Court ruled that an annuity purchased by the Debtor with inherited funds one year before filing bankruptcy was exempt as an “annuity” under the Georgia bankruptcy exemption...
Judge(s):
Circuit Judges Carnes, Martin and Jordan
Tag(s):

American University of the Caribbean, N.V. v. Caritas Healthcare, Inc.

Citation:
In the United States Court of Appeals for the Eleventh Circuit Case Number 10-12836 (not published)
Ruling:
The Eleventh Circuit Court of Appeals made several rulings in affirming the judgment of the District Court. First, the Court held that the unrebutted allegation in the Complaint that payments on a...
Judge(s):
Circuit Judges Edmondson and Barkett and District Court Judge Fuller, sitting by designation.
Tag(s):

Reese v. Ellis, Painter, Ratterree & Adams, LLP

Citation:
United States Court of Appeals for the 11th Circuit Case No. 10-14366 (not yet published)
Ruling:
A complaint that was filed by two borrowers against a law firm stated a claim for relief for damages based on an alleged violation of the Federal Debt Collection Practices Act (15 U.S.C. section...
Judge(s):
Circuit Court Chief Judge Dubina, Circuit Judge Carns and District Judge Forrestor (sitting by designation)
Tag(s):

Owens v. GMAC Mortgage, LLC (In re Owens)

Citation:
11th Circuit Court of Appeals case number 11-12061 (unpublished)
Ruling:
The United States District Court did not abuse its discretion when it dismissed the Debtor's appeal for failure to pay the filing fee or to seek leave to proceed in forma pauperis.
Judge(s):
Circuit Judges Wilson, Pryor and Fay
Tag(s):

US v. Oscher (In re J.H. Investment Services, Inc.)

Citation:
IN RE J.H. Investment Services, Inc. United States of America vs. Steven Oscher, Chapter 11 Trustee; 11th United States Court of Appeals N0. 10-15627 (unpublished)
Ruling:
The IRS was not entitled to receive a distribution from a carve out fund set aside for the Debtor's unsecured creditors. The basis for the ruling is that the proof of claim which filed by the IRS...
Judge(s):
Circuit Judges Barkett, Marcus and Cox.
Tag(s):

Wieckiewicz v. Education Credit Management Corp.

Citation:
Adam Wieckiewicz v. Education Credit Management Corp. (11th Cir. 2011) - Unpublished Opinion
Ruling:
The Bankruptcy Court did not abuse its discretion by dismissing the Debtor's adversary proceeding with prejudice following the Debtor's repeated failure to comply with the Court's orders to apply...
Judge(s):
United States Bankruptcy Judge Robert A. Mark. United States District Judge Federico A. Moreno United States Circuit Court of Appeals Judges Hull, Pryor and Anderson
Tag(s):

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