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Summaries by Jeffrey Snyder

State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

Citation:
--- F.3d ---- (11th Cir. 2016)
Ruling:
Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). ...
Judge(s):
JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.
Tag(s):

Uberoi v. Supreme Court of Florida

Citation:
--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)
Ruling:
District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally...
Judge(s):
Ed Carnes, Hull, and Marcus
Tag(s):

SE Property Holdings, Inc. v. Seaside Engineering & Surveying, Inc. (In re Seaside Engineering & Surveying, Inc.)

Citation:
--- F.3d ---- (11th Cir. Mar. 12, 2015)
Ruling:
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
Tag(s):

Mais v. Gulf Coast Collection Bureau, Inc.

Citation:
--- F.3d ----, 2014 WL 4802457, No. 13-14008 (11th Cir. Sept. 29, 2014)
Ruling:
Reversed and remanded for entry of summary judgment in favor of debt collector defendant based on prior express consent defense. Calls by medical debt collector to cellular phone where cellular...
Judge(s):
HULL, MARCUS and HILL, Circuit Judges
Tag(s):

Bank of America v. Waits (In re Waits)

Citation:
No. 14-11408 (11th Cir. Aug. 21, 2014)
Ruling:
Order allowing debtor to extinguish second-priority mortgage lien on home when first-priority lien exceeded fair market value of home was affirmed, with the Court observing that it was bound to...
Judge(s):
TJOFLAT, JORDAN, and BLACK, Circuit Judges
Tag(s):

Crawford v. LVNV Funding, LLC

Citation:
--- F.3d ----, Case No. 13-12389 (11th Cir. Jul. 10, 2014)
Ruling:
Filing of proofs of claim by debt collectors in respect of debts deemed unenforceable under state statutes of limitations violates Fair Debt Collection Practices Act. Under "least-sophisticated...
Judge(s):
HULL, Circuit Judge, WALTER, District Judge (W.D. La.), and GOLDBERG, U.S Court of International Trade Judge
Tag(s):

Brooks v. Chase Bank USA

Citation:
13-13538 (Unpublished)
Ruling:
Reversal of District Court decision reversing Bankruptcy Court and remand for determination of attorneys' fees. Bankruptcy Court did not abuse its discretion when it refused to allow bank to...
Judge(s):
WILSON, JORDAN, and ROTHSTEIN (District Judge sitting by designation)
Tag(s):

U.S. v. Rothstein (In re Rothstein, Rosenfeldt, Adler, P.A.)

Citation:
717 F.3d 1205 (11th Cir. 2013)
Ruling:
Judgment of District Court vacated and remanded. Where proceeds of Ponzi scheme were commingled with law firm's legitimate income in bank account in name of law firm, Government precluded as a...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge (sitting by designation)
Tag(s):

Desmarais v. Jhelum Enterprises, LLC (In re Desmarais)

Citation:
No. 12-15084 (Unpublished)
Ruling:
Court of Appeals AFFIRMED the District Court and Bankruptcy Court, largely relying on its precedent in In re Jennings, 670 F.3d 1329 (11th Cir. 2012), held that, notwithstanding original basis of...
Judge(s):
TJOFLAT, WILSON and ANDERSON
Tag(s):

Michigan State University v. Asbestos Settlement Trust (In re The Celotex Corp.)

Citation:
--- F.3d ----, (No. 10-13641), 2012 WL 5410028 (11th Cir. Nov. 6, 2012)
Ruling:
Although a district court, at its discretion, may review interlocutory judgments and orders of a bankruptcy court pursuant to 28 U.S.C. 158(a), a court of appeals only has jurisdiction over final...
Judge(s):
BARKETT, JORDAN, and HALL (District Judge, sitting by designation)
Tag(s):

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