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Summaries by Tiffany DiIorio
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 2 years 8 months ago
- Citation:
- 19-11699 (11th Circuit, Sep 29,2020) Published
- Case Status:
- Affirmed
- Ruling:
- The court found that the lenders 523(a)(2)(A) claims failed because there was no showing that the loans guaranteed by the debtor were obtain by false pretenses, a false presentation or actual...
- Judge(s):
- William Pryor, Grant and Antoon
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 3 years 7 months ago
- Ruling:
- District court abused its discretion when determining that the preclusion/preemptive defense, that the Bankruptcy Code preempts the FDCPA and FCCPA, asserted by the loan servicer raised an...
- Judge(s):
- Wilson, J. Pryor, and Thapar
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 4 years 10 months ago
- Citation:
- 15-14544 (11th Circuit, Jul 24,2018) Published
- Case Status:
- Affirmed
- Ruling:
- A debtor's right to convert to chapter 11 from chapter 7 pursuant to Section 706(a) is limited by subsection (d). Thus, a debtor's right to convert is expressly conditioned on his ability to...
- Judge(s):
- Tjoflat, Rosenbaum, and Sentelle
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 5 years 1 month ago
- Ruling:
- District Court ruling vacated and remanded in light of changed circumstances. Specifically, remanded for district court to consider whether dismissal of an individual's confirmed chapter 11...
- Judge(s):
- Pryor, Carnes, Antoon
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 6 years 6 months ago
- Ruling:
Circuit court found that tax court never reached the issue as to interest due and owing for tax year 1998 because it did not have jurisdiction to do so. As such, it was not improper for...
- Judge(s):
- Tjoflat, Hull and Mendoza
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 8 years 9 months ago
- Citation:
- Tobkin v. The Florida Bar (In re Tobkin), Case No. 14-10272 (11th Cir. Aug. 28 2014) (per curiam) (unpublished).
- Ruling:
- The Florida Bar is a governmental unit pursuant to Section 101(27) of the Bankruptcy Code and thus cost judgment entered against Debtor as a disciplinary fine and penalty was non dischargeable...
- Judge(s):
- Hull, Martin and Anderson
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 8 years 9 months ago
- Citation:
- General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).
- Ruling:
- The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...
- Judge(s):
- Pryor, Martin and Edmondson
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 8 years 11 months ago
- Citation:
- Wells Fargo Bank, N.A. v. Scantling (In re Scantling), Case No. 13-10558 (11th Cir. June 18, 2014).
- Ruling:
- The Court found that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 does not prohibit a debtor from stripping off a wholly unsecured junior mortgage in a Chapter 20 case.
- Judge(s):
- Tjoflat, Moore and Schlesinger
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 9 years 6 months ago
- Citation:
- Kulakowski v. Walton (In re Kulakowski), Case No. 12-15294 (11th Cir. Nov. 15, 2013) (published).
- Ruling:
- Bankruptcy court, in appropriate circumstances, can consider the entirety of a non-filing spouse's income in its totality of the circumstances analysis under 11 U.S.C. Section 707(b)(3)(B).
- Judge(s):
- Jordan, Dubina, and Baldock
- Tag(s):
-
- Summarized by Tiffany DiIorio , Department of Justice, Office of the U.S. Trustee Program
- 9 years 8 months ago
- Citation:
- Macias v. Dillworth (In re Macias), Case No. 13-10336 (11th Cir. Oct. 1, 2013) (unpublished) (per curiam).
- Ruling:
- Appellate court ruled that for purposes of setting aside or vacating a final default judgment under Rule 60(b), the test set forth by In re Worldwide Web Sys., Inc., requiring a defaulting party...
- Judge(s):
- Wilson, Martin and Anderson
- Tag(s):
-
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