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Summaries by Tiffany DiIorio

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Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)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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