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Summaries by Michael Pugh
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 6 years 9 months ago
- Ruling:
- An attorney violates 11 U.S.C. 526(a)(4) if the attorney instructs a client to pay bankruptcy-related legal fees using a credit card. After going through several ways that 11 U.S.C. 526(a)(4) may...
- Judge(s):
- Carnes, Newsom, and Siler
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 7 years 6 months ago
- Citation:
- No. 16-11506; D.C. Docket Nos. 1:15-cv-20376-JEM; 11-bkc-16703-LMI (11th Circuit, Jun 27,2017) Published
- Case Status:
- Affirmed
- Ruling:
- In affirming the district court and bankruptcy court, the 11th Circuit held that 11 U.S.C. 707(b) applies to a petition that was initially filed under Chapter 13 but later converted to a petition...
- Judge(s):
- Carnes, Anderson, and Parker
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 7 years 7 months ago
- Citation:
- 15-10987 (11th Circuit, May 16,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The 11th Circuit affirmed the district court's ruling that the fraudulent transfer claims in a bankruptcy complaint fell within the prior acts exclusion in the insurance policy.
Held that Parent...
- Judge(s):
- Carnes, Fay, and Parker
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 8 years 8 months ago
- Citation:
- D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
- Ruling:
- The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman...
- Judge(s):
- Carnes; Hull; Marcus
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 9 years 4 months ago
- Citation:
- No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB
- Ruling:
- In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien...
- Judge(s):
- Wilson, Rosenbaum, and Cox
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 9 years 8 months ago
- Citation:
- 14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD
- Ruling:
- The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...
- Judge(s):
- Wilson, Fay, and Ripple, Circuit Judges
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 10 years 4 months ago
- Citation:
- 14-10272; D.C. Docket Nos. 1:13-cv-20992-KAM; 12-bkc-01415-LMI
- Ruling:
- The Court of Appeals for the 11th Circuit relied on the persuasive authority from other courts in affirming the district court's and bankruptcy court's findings that a state bar acting in the...
- Judge(s):
- Hull, Martin & Anderson
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 10 years 4 months ago
- Citation:
- No. 13-13616; D.C. Docket No. 1:12-cr-00169-MHT-WC-1
- Ruling:
- The Circuit Court, per curiam, affirmed the Debtor's convictions.
The Court of Appeals for the 11th Circuit held that the U.S. federal district courts have original and exclusive jurisdiction...
- Judge(s):
- Hull, Marcus, & Wilson
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 10 years 6 months ago
- Citation:
- D.C. Docket No. 6:14-cv-00078-GAP; 6:13-bk-05337-KSJ
- Ruling:
- The Eleventh Circuit affirmed the district court's affirmance of the bankruptcy court's order voiding a wholly unsecured second priority lien on residential property owned by a Chapter 7 debtor.
- Judge(s):
- Marcus, Pryor, Edmondson, Circuit Judges
- Tag(s):
-
- Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
- 10 years 8 months ago
- Citation:
- 13-10919; D.C. Docket No. 1:10-cv-00736-WCO (May 8, 2014)
- Ruling:
- The Court of Appeals for the 11th Circuit affirmed the district court's orders granting summary judgment in favor of Defendants.
The Circuit Court held that emotional distress damages fall...
- Judge(s):
- Hull, Black and Walter
- Tag(s):
-
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