Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
12 years 8 months ago
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Smith v. Atlantic Southern Bank (In re Smith), Case No. 12-12973 (11th Cir. June 28, 2013) (unpublished) (per curiam)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...
Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
13 years 2 months ago
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...