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Summaries by David Bury
- Summarized by David Bury , Stone & Baxter, LLP
- 6 years 1 month ago
- Ruling:
- The Court held that a secured creditor's failure to file a proof of claim on 2 properties in a federal receivership did not result in that creditor's security interests in those properties being...
- Judge(s):
- Jordan and Pryor, Circuit Judges, and Proctor, District Judge (sitting by designation)
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 6 years 1 month ago
- Ruling:
- Debtor's false oral statement to his attorneys about an anticipated tax refund was, despite being a statement about a single asset, a statement respecting the debtor's "financial condition." The...
- Judge(s):
- Pryor and Rosenbaum, Circuit Juges, and Martinez, District Judge (sitting by designation)
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 6 years 2 months ago
- Ruling:
11th Circuit didn't have appellate jurisdiction to review a direct, certified appeal of a Bankruptcy Court's order dismissing a complaint because the complaint involved a related...
- Judge(s):
- Marcus, Jordan, and 2nd Circuit Judge Walker (by designation).
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 6 years 5 months ago
- Citation:
- Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
- Ruling:
- The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
- Judge(s):
- Marcus, Pryor, and Lawson (District Court Judge)
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 7 years 1 month ago
- Citation:
- Slater v. U.S. Steel Corp., No. 12-15548 (11th Cir. Feb. 24, 2016)
- Ruling:
- The ruling consists of 2 important parts: (i) a 32 page per curiam decision affirming the District Court and (ii) a 78 page concurrence by Judge Tjoflat encouraging the 11th Circuit to revisit...
- Judge(s):
- Tjoflat; Pryor; Scola (District Judge sitting by designation from the S.D. Fla.)
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 8 years 2 weeks ago
- Citation:
- Curtis v. Perkins (In re International Management Associates, LLC), No. 14-13423 (11th Cir. Mar. 19, 2015)
- Ruling:
- The Eleventh Circuit affirmed the Georgia District Court’s affirmance of the Bankruptcy Court’s admission of critical business summaries and its Ponzi scheme finding. With respect to the...
- Judge(s):
- Carnes; Hull; and Rosenbaum
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 8 years 6 months ago
- Citation:
- LaMarca v. Jansen (In re Bifani), Nos. 14-10826, 14-11149 (11th Cir. Sep. 11, 2014)
- Ruling:
- The Eleventh Circuit affirmed the District Court’s upholding of the Bankruptcy Court’s conclusion that certain real estate transfers were fraudulent under FUTA and reversed the District...
- Judge(s):
- Wilson, Rosenbaum, and Kravitch, Circuit Judges
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 8 years 7 months ago
- Citation:
- Escorihuela v. Faidengold (In re Faidengold), No. 14-10587 (11th Cir. Aug. 19, 2014)
- Ruling:
- The Eleventh Circuit affirmed a District Court’s order which affirmed a Bankruptcy Court’s ruling that certain of a Chapter 7 debtor’s debts were not excepted from discharge under 11 U.S.C....
- Judge(s):
- Pryor, Martin, and Anderson (Circuit Judges)
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 8 years 9 months ago
- Citation:
- Kane, et al. v. Stewart Tilghman Fox & Bianchi, P.A., et al. (In re Kane), No. 13-10560 (11th Cir. Jun. 26, 2014)
- Ruling:
- The 11th Circuit affirmed the lower courts’ finding that (i) the Stewart Firms’ $2M judgment against the two Kane debtors was excepted from discharge under §523(a)(6) (willful and malicious...
- Judge(s):
- Marcus, Circuit Judge; Proctor and Evans, District Judges.
- Tag(s):
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- Summarized by David Bury , Stone & Baxter, LLP
- 9 years 1 month ago
- Citation:
- Dunn v. Advanced Medical Specialties, Inc., et al., Nos. 12-11152 and 12-15989 (11th Cir. Feb. 10, 2014)
- Ruling:
- The Eleventh Circuit affirmed a District Court’s orders (i) granting summary judgment in a Chapter 7 Debtor’s discrimination suit and (ii) denying a Chapter 7 Trustee’s motion to vacate the...
- Judge(s):
- Marcus and Dubina, Circuit Judges; Hodges, District Judge
- Tag(s):
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