Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
11 years 4 days 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)
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
12 years 1 month 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Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
13 years 3 months 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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
13 years 11 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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 5 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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 7 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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 10 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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
15 years 1 month 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...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
15 years 3 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...