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In re Jerry Dewaye Gaddy

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 5 years 4 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):

Randolph Sellers, et all v. Rushmore Loan Management Services

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 6 years 4 months ago
Citation:
3:15-cv-01106-TJC-PDB (11th Circuit, Oct 29,2019) Published
Case Status:
Reversed and Remanded
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):

Daughtrey v. Rivera

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 7 years 7 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):

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

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 7 years 10 months ago
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

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 9 years 3 months ago
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)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 11 years 6 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):

General Lending Corp. v. Cancio

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 11 years 6 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):

Wells Fargo Bank v. Scantling (In re Scantling)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 11 years 8 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):

Kulakowski v. Walton (In re Kulakowski)

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 3 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):

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

  • Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
  • 12 years 5 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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