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Summaries by Victoria Kothari
- 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):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 10 years 12 months ago
- Citation:
- Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)
- Ruling:
- Affirming district court's ruling that appeal was moot due to debtor-plaintiff's failure to obtain a stay of sale under 11 U.S.C.§363(m). Closing by trustee before sale order was final did not...
- Judge(s):
- Hull. Marcus and Jordan
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 12 years 1 month ago
- Citation:
- Iberiabank v. Beneva, Case No. 11-11195 (11th Cir. Nov. 30, 2012)[Publish]
- Ruling:
- Affirmed. Eleventh Circuit affirmed District Court holding the Termination Clause of sublease falls within the language of Section 1821(e)(13)(A) and therefore unenforceable against the FDIC as...
- Judge(s):
- Tjoflat, Martin, and Hill
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 12 years 10 months ago
- Citation:
- No. 10-14618 (March 15, 2012) [Not Published]
- Ruling:
- Vacated and Remanded. The Debtor's complaint on its face states a claim upon which relief may be granted under the FDCPA. Unofficial lessons of this case: The FDCPA clearly defines the term...
- Judge(s):
- Edmondson, Pryor & Bowdre
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 13 years 3 months ago
- Citation:
- Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
- Ruling:
- The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
- Judge(s):
- Edmondson, Carnes & Kravitch
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 13 years 6 months ago
- Citation:
- Nos. 09-15249 & 09-15251 (11th Cir. July 8, 2011)[Publish]
- Ruling:
- Multi-part ruling by Issue:
I. Finality and timeliness of appeal (unresolved attorney’s fees) – Dismissed for Lack of Jurisdiction
Held Supreme Court decision (Budinich v. Becton...
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 13 years 8 months ago
- Citation:
- No. 09-12237 (11th Cir. Apr. 29, 2011) [Publish]
- Ruling:
- Affirmed. Holding: Res judicata precludes post-confirmation amendments to claim absent some "compelling reason." No compelling reason found where creditors did not contest pre-confirmation claim...
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 13 years 10 months ago
- Citation:
- No. 09-14997 (11th Cir. Dec. 29, 2010) [Publish]
- Ruling:
- Clarifying that the conduit or control exception to "initial transferee" liability under Section 550(a)(1) requires a showing of good faith.
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 13 years 11 months ago
- Citation:
- No. 09-15732 (11th Cir. Feb.3, 2011)
- Ruling:
- The Eleventh Circuit affirmed in part and reversed in part. The Court AFFIRMED the bankruptcy court and district court order denying Zuppardo's interest in the Sale Proceeds; and REVERSED the...
- Tag(s):
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- Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
- 14 years 2 months ago
- Citation:
- (11th Circuit, Dec 31,1969)
- Ruling:
- Affirmed ruling by bankruptcy court denying Debtor's discharge under §727(a)(4) - for knowlingly and fraudulently making a false oath or account with respect to the case. Holding the bankruptcy...
- Tag(s):
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