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Summaries by Michael Pugh

Cadwell v. Kaufman, Englett & Lynd, PLLC

Citation:
17-10810 (11th Circuit, Mar 30,2018) Published
Case Status:
Reversed and Remanded
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):

Pollitzer v. Gebhardt

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):

Zucker v. U.S. Specialty Insurance Co.

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):

Uberoi v. Supreme Court of Florida

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):

Bank of America, N.A. v. Iest (In re Iest)

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):

Valone v. Waage (In re Valone)

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):

Tobkin v. The Florida Bar (In re Tobkin)

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):

U.S.A. v. Turner

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):

Bank of America v. Caulkett

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):

Lodge v. Kondaur Capital Corporation

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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