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Silver v. Rescap Borrower Claims Trust (In re Residental Capital, Inc.)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 8 years 4 months ago
Citation:
No.16-1273-bk (2nd Circuit, Oct 11,2017) Not Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the District Court's affirmance of decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the pro se debtor lodged with ResCap...
Judge(s):
Hon. Robert D. Stack; Hon. Reena Raggi; Hon. Susan L. Carney.
Tag(s):

Flaxer v. Gifford (In re Lehr Construction Corp.)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 9 years 2 months ago
Citation:
16-350 (2nd Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

By summary order, the Second Circuit affirmed the District Court, explaining that the acts of agents are presumed to be imputed to their principals under New York law, and rejecting the...

Judge(s):
Present: Hon. Robert A. Katzman; Hon. Ralph K. Winter; Hon. Sidney H. Stein;
Tag(s):

JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 11 years 2 weeks ago
Citation:
JWL Entertainment Group, Inc. v. Fisher Island Ltd. (In re Fisher Island Investments, Inc; In re Little Rest Twelve Inc.; and In re Mutual Benefits Offshore Fund, Ltd..), Case No. 12-15595 (11th Cir. Feb. 20, 2015) .]
Ruling:
In five consolidated appeals involving a dispute as to the ownership of three related involuntary bankruptcy debtors, the Eleventh Circuit affirmed the District Court’s (i) denial of the Zeltser...
Judge(s):
HULL, JULIE CARNES and WALKER (Hon. John Walker, Jr., U.S. Circuit Judge for the Second Circuit, sitting be designation).
Tag(s):

Graham Mortgage Corp. v. Goff (In re Goff)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 11 years 6 months ago
Citation:
Graham Mortgage Corp. v. Goff (In re Goff), Case No.: 13-41148 (5ht Cir. Aug. 22, 2014)
Ruling:
Fifth Circuit affirmed denial of Debtor's discharge pursuant to11 U.S.C. §727(a)(3) for debtor's failure to maintain adequate books and records without justification, where the only evidence the...
Judge(s):
DAVIS, SMITH, and CLEMENT.
Tag(s):

Hansjurgens v. Bailey (In re Bailey)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 12 years 8 months ago
Citation:
Hansjurgens v. Bailey (In re Bailey), Case No. 4:11-cv-00202 (11th Cir. June 11, 2013) (unpublished) (per curiam)
Ruling:
11th Circuit affirmed District Court's dismissal of pro se debtor's appeal, where debtor did not establish "excusable neglect" sufficient to overcome his failure to file a notice of appeal in a...
Judge(s):
Hull, Jordan and Anderson, Circuit Judges.
Tag(s):

Thomas v. Bender (In re Thomas)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 12 years 10 months ago
Citation:
William Arthur Thomas, III v. Theresa M. Bender (In re Thomas); Case No.: 12-13936 (11th Cir. Apr. 16, 2013)(unpublished)(per curiam)
Ruling:
The Eleventh Circuit found no reversible error in lower court's holding that proceeds from a post-petition real estate sale arising from a pre-petition option contract constituted property of the...
Judge(s):
HULL, JORDAN, and EDMONDSON, Circuit Judges
Tag(s):

Harris v. Liberty Community Management, Inc.

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 13 years 2 months ago
Citation:
Harris v. Liberty Communication Management, Inc., Case No.: 11-14362 (11th Cir. Dec. 19, 2012)(unpublished)
Ruling:
A property management company, employed by a Homeowners Association to collect past due assessments, is not a 'debt collector' subject to the Fair Debt Collection Practices Act ("FDCPA"), and did...
Judge(s):
Tjoflat, Carnes, and Jordan
Tag(s):

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

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 13 years 10 months ago
Citation:
Lorraine McNeal v. GMAC Mortgage, LLC, et al., Case No.:11-11352 (11th Cir. May 11, 2012)(unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that a wholly unsecured junior lien on a Chapter 7 debtor's home may be "stripped off" pursuant to Section 506(d) of the Bankruptcy Code.
Judge(s):
TJOFLAT, EDMONDSON, and CARNES
Tag(s):

First United Security Bank v. Garner (In re Garner)

  • Summarized by Melissa Youngman , Melissa A. Youngman, P.A.
  • 14 years 3 months ago
Citation:
1:10-cv-00795-WKW (11th Cir. 2011)
Ruling:
The Eleventh Circuit Court of Appeals affirmed the District Court and Bankruptcy Court's holding that "an over secured creditor is only entitled to the contract rate of interest [on its allowed...
Judge(s):
Dubina (Chief Judge), Cox (Circuit Judge), and Hunt (District Judge).
Tag(s):

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