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Summaries by Tracy Frasier
- Summarized by Tracy Frasier , Smith Frasier, P.A.
- 13 years 4 months ago
- Citation:
- Milani v. One West Bank FSB, Case No. 11-15378 (11th Cir. October 17, 2012) (unpublished) (per curiam).
- Ruling:
- Plaintiff Borrower failed to state sufficient facts to support claims for wrongful foreclosure, quiet title or fraud. Nor could Plaintiff maintain an action for declaratory judgment because the...
- Judge(s):
- Marcus, Wilson and Edmonson, Circuit Judges.
- Tag(s):
-
- Summarized by Tracy Frasier , Smith Frasier, P.A.
- 13 years 11 months ago
- Citation:
- No. 11-13314 (11th Cir. March 30, 2012)
- Ruling:
- The 11th Circuit Court of Appeals affirmed the decisions of the District Court for the Southern District of Florida related to an adversary proceeding for non-dischargeability of a Chapter 7 Debtor...
- Judge(s):
- Dubina, Chief Judge; Marcus and Martin, Circuit Judges.
- Tag(s):
-
- Summarized by Tracy Frasier , Smith Frasier, P.A.
- 14 years 3 weeks ago
- Citation:
- --- F.3d ----, 2012 WL 446279, (11 Cir. 2012)
- Ruling:
- Defalcation under 11 U.S.C. 523(a)(4) "requires a known breach of a fiduciary duty, such that the conduct can be characterized as objectively reckless." The Debtor, as trustee, should have known...
- Judge(s):
- Barkett, Pryor and Bucklew
- Tag(s):
-