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...
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
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
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
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
Justice v. United States of America (In re Justice), Case No. 15-10273 (11th Cir. Mar. 30, 2016).
Ruling:
The Eleventh Circuit held that the debtor’s tax debts were not dischargeable under section 523(a)(1)(B)(i) of the Bankruptcy Code because the debtor’s late-filed Forms 1040 did not qualify as...
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Bank of America, N.A. v. Phillips (In re Phillips), Case No. 14-12585 (11th Cir. Sept. 29, 2014) (unpublished)(per curiam).
Ruling:
The Eleventh Circuit held that the McNeal and Folendore decisions are binding precedent in affirming the decision of the bankruptcy court and the district court which permitted chapter 7 debtors to...
Wortley v. Chrispus Venture Capital, LLC (In re Global Energies, LLC), Case No. 13-11666 (11th Cir. Aug. 15, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that the bankruptcy court abused its discretion and applied the incorrect legal standard in denying Joseph G. Wortley’s (“Wortley”) Rule 60(b)(2) motion to set aside...
Judge(s):
Fay, Circuit Judge, and Hodges and Huck, District Judges.
Stuart v. Mendenhall (In re Mendenhall), Case No. 14-10943 (11th Cir. July 22, 2014) (unpublished) (per curiam).
Ruling:
The Eleventh Circuit held that (i) the bankruptcy court did not abuse its discretion in interpreting its order granting a 60 day extension of the Rule 4007(c) deadline to file a complaint to...
