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Summaries by Paul Avron

Gowdy v. Mitchell (In re Ocean Warrior, Inc.)

Citation:
No. 15-11891 (11th Cir. Aug. 26, 2016)
Ruling:
The Bankruptcy Court (i) did not abuse its discretion in failing to conduct evidentiary hearing on civil contempt matter because contemnor had notice of the hearing and was given the opportunity to...
Judge(s):
Eleventh Circuit Judges Stanley Marcus and Joel Dubina, and Visiting Eighth Circuit Judge Michael Melloy
Tag(s):

Johnson v. Midland Funding, LLC

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):

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

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):

Iberiabank v. Geisen (In re FFS Data, Inc.)

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):

Wiand v. Lee

Citation:
No. 13-10448 (11th Cir. June 2, 2014)
Ruling:
The primary holdings were that (i) a transfer made in furtherance of a Ponzi scheme establishes as a matter of law actual intent to hinder, delay or defraud under Florida's version of the Uniform...
Judge(s):
Circuit Judges Martin and Anderson, and U.S. District Court Judge Fuller, Middle District of Alabama
Tag(s):

Heatherwood Holdings, LLC v. HGC, Inc. (In re Heatherwood Holdings, LLC)

Citation:
No. 12-16020 (11th Cir. Mar. 27, 2014)
Ruling:
First, the defendant-mortgagee was a "person aggrieved" and therefore possessed Article III standing to appeal district court's affirmance of bankruptcy court's ruling that the mortgagee's property...
Judge(s):
Chief Judge Carnes, Circuit Judge Tjoflat and U.S. District Judge Marra (Southern District of Florida)
Tag(s):

Hope v. Acorn Financial, Inc.

Citation:
Case No. 12-10709 (11th Cir. Sept. 26, 2012)
Ruling:
A chapter 13 trustee who, depsite having actual knowledge that a secured creditor's lien was unperfected as of the date the debtor filed the bankruptcy case, and who affirmatively recommended...
Judge(s):
Circuit Judges Adalberto Jordan and Rosemary Barkett, and District Judge Harvery Schlesinger, Middle District of Florida, sitting by designation
Tag(s):

Birster v. American Home Mortgage Servicing, Inc.

Citation:
Case No. 11-13574 (11th Cir. July 18, 2012) (per curiam) (unpublished)
Ruling:
An entity that regularly attempts to collect debts can be a "debt collector" beyond section 1692f(6) of the Fair Debt Collection Practices Act even ehwne the entity is also enforcing a security...
Judge(s):
Circuit Judges Marcus and Black, and District Judge Wm. Terrell Hodges, U.S. District Court for the Middle District of Florida, sitting by designation
Tag(s):

Chen v. Siemens Energy Inc.

Citation:
Chen v. Siemens Energy, Inc., Case No. 11-14372 (11th Cir. May 2, 2012) (per curiam)
Ruling:
Unless abandoned by a Chapter 7 trustee, the debtor lacks standing to continue prosecuting a prepetition cause of action once he or she files a voluntary petition for relief under chapter 7 of the...
Judge(s):
Dubina, Chief Judge, and Jordan and Anderson, Circuit Judges
Tag(s):

Shoup v. McCurdy & Candler, LLC

Citation:
Case No. 10-14619 (11th Cir. Mar. 30, 2012) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit reversed the district court's dismissal of a complaint alleging a violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e, because plaintiff's allegation that...
Judge(s):
Chief Judge Dubina, Circut Judge Carnes, and District Court Judfe J. Owen Forrester (N.D. Ga.), sitting by designation.
Tag(s):

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