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Summaries by David Bury

S.E.C. v. Wells Fargo Bank, N.A.

Citation:
16-10942 (11th Circuit, Feb 22,2017) Published
Case Status:
Reversed and Remanded
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):

Appling v. Lamar, Archer & Cofrin, LLP (In re Appling)

Citation:
16-11911 (11th Circuit, Feb 15,2017) Published
Case Status:
Reversed and Remanded
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):

Wortley v. Bakst

Citation:
15-11923 (11th Circuit, Jan 05,2017) Published
Case Status:
Reversed and Remanded
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):

Failla v. Citibank, N.A. (In re Failla)

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):

Slater v. U.S. Steel Corp.

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):

Curtis, et al. v. Perkins (In re International Management Associates, LLC)

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):

Lamarca v. Jansen (In re Bifani)

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):

Escorihuela v. Faidengold (In re Faidengold)

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):

Kane v. Stewart Tilghman Fox & Bianchi

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):

Dunn v. Advanced Medical Specialties, Inc., et al. (11th Cir.)

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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