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Summaries by Kathleen DiSanto
- 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):
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- 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):
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- 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):
-
- Citation:
- 18-10944 (11th Circuit, Jun 26,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The Eleventh Circuit affirmed the district court's order upholding the bankruptcy court's decision to deny a claim of exemption under section 222.21, Florida Statutes, by a chapter 7 debtor with...
- Judge(s):
- Marcus, Grant, and Hull, Circuit Judges
- Tag(s):
-
- Citation:
- 16-13483 (11th Circuit, Dec 27,2018) Published
- Case Status:
- Affirmed
- Ruling:
- In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
- Judge(s):
- Martin, Jill Pryor and Anderson
- Tag(s):
-
- Citation:
- 16-16513 (11th Circuit, Dec 06,2018) Published
- Case Status:
- Affirmed
- Ruling:
- In affirming the bankruptcy court and the district court, the Eleventh Circuit held that a chapter 13 debtor's plan did not discharge the credit union's mortgage at the conclusion of her plan...
- Judge(s):
- Jill Pryor and Julie Carnes, Circuit Judges, and Conway, District Judge
- Tag(s):
-
- Ruling:
- In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
- Judge(s):
- Martin, Circuit Judge, Julie Carnes, Circuit Judge, and Gilman, Circuit Judge
- Tag(s):
-
- Citation:
- 16-16789 (11th Circuit, Dec 05,2017) Published
- Case Status:
- Affirmed
- Ruling:
- On an issue of first impression, the Eleventh Circuit concluded that section 362(k) of the Bankruptcy Code authorizes the payment of attorney's fees and costs incurred by debtors in stopping a...
- Judge(s):
- Ed Carnes, Chief Judge, and Black, Circuit Judge, and May, District Judge
- Tag(s):
-
- Ruling:
- The Eleventh Circuit revisited its application of the doctrine of equitable estoppel in instances where a debtor fails to disclose claims in connection with a bankruptcy case. Departing from its...
- Judge(s):
- Ed Carnes, Chief Judge, Tjoflat, Marcus, Wilson, William Pryor, Martin, Jordan, Rosenbaum, Julie Carnes, and Jill Pryor, Circuit Judges
- Tag(s):
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- Citation:
- 16-11578 (11th Circuit, Feb 15,2017) Published
- Case Status:
- Affirmed
- Ruling:
- The Eleventh Circuit held that the bankruptcy court made a finding of fact that the debtor violated state securities laws based on a state court judgment confirming an arbitration award entered...
- Judge(s):
- Pryor and Rosenbaum, Circuit Judges, and Ungaro, District Judge
- Tag(s):
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