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Summaries by Kathleen DiSanto
- Ruling:
- The Eleventh Circuit affirmed rulings that debtor's conduct did not amount to concealment of estate property or constitute false oaths necessary to bar discharge under section 727. The Eleventh...
- Judge(s):
- Jill Pryor and Grant, Circuit Judges and Maze, District Judge
- Tag(s):
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- Ruling:
- In a case of first impression, the Eleventh Circuit held that a creditor's new value defense available under section 547(c)(4)(B) of the Bankruptcy Code is not offset by "otherwise unavoidable...
- Judge(s):
- Wilson and Lagoa, Circuit Judges and Martinez, District Judge
- Tag(s):
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- Citation:
- 21-11742 (11th Circuit, Dec 10,2021) Published
- Case Status:
- Affirmed
- Ruling:
- Acknowledging that under Florida law, any deviation from a debtor's legal name in a financing statement renders the statement "seriously misleading" unless a search of the Florida Secured...
- Judge(s):
- Newsom, Lagoa, and Anderson
- Tag(s):
-
- Citation:
- 20-12785 (11th Circuit, Nov 15,2021) Published
- Case Status:
- Affirmed
- Ruling:
- In affirming the ruling of the district court, the Eleventh Circuit held that personal injury claimant and his wife received sufficient notice of non-debtor releases included in chapter 11 debtor's...
- Judge(s):
- Jordan, Jill Pryor, and Tjoflat
- Tag(s):
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- Citation:
- 19-14049 (11th Circuit, Sep 01,2021) Published
- Case Status:
- Affirmed
- Ruling:
- The 11th Circuit held that the bankruptcy court's determination of parties' rights under a series of state court judgments and orders did not violate the Rooker-Feldman doctrine and the doctrine of...
- Judge(s):
- William Pryor, Chief Judge, Jordan and Marcus, Circuit Judges
- Tag(s):
-
- Citation:
- 20-10695 (11th Circuit, Apr 28,2021) Published
- Case Status:
- Affirmed
- Ruling:
- The Eleventh Circuit held that a jury should decide whether Losch's claims that Experian negligently, but not willfully, violated the Fair Credit Reporting Act by failing to take reasonable...
- Judge(s):
- Jordan, Newsome, and Tjoflat, Circuit Judges
- Tag(s):
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- Citation:
- 19-13947 (11th Circuit, Feb 18,2021) Published
- Case Status:
- Affirmed
- Ruling:
- In affirming the district court's order denying a chapter 13 debtor's petition under the All Writs Act, which sought an order declaring certain actions taken in a state court foreclosure proceeding...
- Judge(s):
- Wilson, Grant, and Tjoflat, Circuit Judges
- Tag(s):
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- Citation:
- 17-13899 (11th Circuit, Aug 25,2020) Published
- Case Status:
- Affirmed
- Ruling:
- On a direct appeal from the bankruptcy court, the Eleventh Circuit affirmed the order confirming the modified plan chapter 13 plan without requiring a change in the debtor's circumstances, based on...
- Judge(s):
- Branch and Marcus, Circuit Judges, and Ungaro, District Judge.
- Tag(s):
-
- Ruling:
- The 11th Circuit reversed summary judgment in favor of DISH as to the FCCPA claims because the district court failed to determine whether DISH possessed actual knowledge that its debt had been...
- Judge(s):
- Jill Pryor and Grant, Circuit Judges, and Royal, District Judge
- Tag(s):
-
- Ruling:
- Applying its ruling in Slater II, the Eleventh Circuit reversed in part the district court's grant of summary judgment in favor of defendants based on judicial estoppel arising from plaintiff's...
- Judge(s):
- Tjoflat and Newsom, Circuit Judges, and Antoon, District Judge
- Tag(s):
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