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Summaries by Tiffany DiIorio

Daughtrey v. Rivera

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):

First National Bank of Oneida, N.A. v. Brandt

Citation:
17-11654 (11th Circuit, Apr 24,2018) Published
Case Status:
Reversed and Remanded
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):

U.S.A. v. Beane

Citation:
15-15444 (11th Circuit, Nov 23,2016) Published
Case Status:
Reversed and Remanded
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):

Tobkin v. The Florida Bar (In re Tobkin)

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Tobkin v. The Florida Bar (In re Tobkin), Case No. 14-10272 (11th Cir. Aug. 28 2014) (per curiam) (unpublished).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):

General Lending Corp. v. Cancio

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 v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).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):

Wells Fargo Bank v. Scantling (In re Scantling)

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):

Kulakowski v. Walton (In re Kulakowski)

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):

Macias v. Dillworth (In re Maria E. Macias)

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):

Smith v. Atlantic Southern Bank (In re Smith)

Citation:
Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)
Ruling:
AFFIRMING the District Court, the 11th Circuit held that creditor had both statutory and constitutional standing to seek (i) relief from the automatic stay to institute foreclosure proceedings and...
Judge(s):
Carnes, Barkett, and Fay
Tag(s):

Witcher v. Early (In re Witcher)

Citation:
Witcher v. Early (In re Witcher), Case No. 11-15883 (11th Cir. Dec. 13, 2012)
Ruling:
The Eleventh Circuit held that a bankruptcy court may properly consider a debtor's ability to pay his or her debts as part of the totality-of-the-circumstances test set forth in 11 U.S.C. Section...
Judge(s):
Chief Judge Dubina Judge Carnes Judge Gilman
Tag(s):

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