11th Circuit | ABI Volo - Circuit Court opinion summaries

11th Circuit: Failla v. Citibank, N.A. (In re Failla)

Dbury@stoneandbaxter.com — Tue, 04 Oct 2016 19:57:20 +0000

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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 property and take no action inconsistent with ...

Judge(s):

Marcus, Pryor, and Lawson (District Court Judge)

11th Circuit: Gowdy v. Mitchell (In re Ocean Warrior, Inc.)

PAVRON@BERGERSINGERMAN.COM — Fri, 26 Aug 2016 20:29:18 +0000

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Citation:

No. 15-11891 (11th Cir. Aug. 26, 2016)

Ruling:

The Bankruptcy Court (i) did not abuse its discretion in failing to conduct evidentiary hearing on civil contempt matter because contemnor had notice of the hearing and was given the opportunity to testify and submit evidence; (ii) did not violate ...

Judge(s):

Eleventh Circuit Judges Stanley Marcus and Joel Dubina, and Visiting Eighth Circuit Judge Michael Melloy

11th Circuit: State of Florida Department of Revenue v. Gonzalez (In re Gonzalez)

jsnyder@bilzin.com — Thu, 11 Aug 2016 21:23:33 +0000

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Citation:

--- F.3d ---- (11th Cir. 2016)

Ruling:

Exception to automatic stay under section 362(b)(2)(C) for withholding for payment of a domestic support obligation does not trump binding effect of confirmed chapter 13 plan per section 1327(a). Accordingly, creditor was prohibited from intercepting debtor's post-confirmation expense reimbursement ...

Judge(s):

JORDAN, ROSENBAUM, and SILER,* Circuit Judges. *Judge Eugene E. Siler, Jr., Circuit Judge for the Sixth Circuit, sitting by designation.

11th Circuit: Fla. Agency for Health Care Admin. v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC)

kdisanto — Tue, 12 Jul 2016 21:24:54 +0000

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Citation:

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 jurisdictional bar provided by 42 U.S.C. § 405(h), the bankruptcy court ...

Judge(s):

Hull, Carnes, and Clevenger, Circuit Judges

11th Circuit: Johnson v. Midland Funding, LLC

PAVRON@BERGERSINGERMAN.COM — Tue, 24 May 2016 21:18:07 +0000

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Citation:

No. 15-11240 (11th Cir. May 24, 2016)

Ruling:

In a consolidated appeal, the Eleventh Circuit reversed dismissal of two actions brought under the Fair Debt Collection Practices Act (FDCPA) by Chapter 13 debtors given that the claimant-debt collectors filed proofs of claim knowing that the underlying claims against ...

Judge(s):

Eleventh Circuit Judges Wilson and Martin, and visiting Fifth Circuit Judge Patrick Higginbotham.

11th Circuit: Uberoi v. Supreme Court of Florida

jsnyder@bilzin.com — Tue, 19 Apr 2016 20:20:20 +0000

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Citation:

--- F.3d ----, 15-12636 (11th Cir. Apr. 18, 2016)

Ruling:

District court lacked subject matter jurisdiction over claim under section 525 of the Bankruptcy Code against Florida Supreme Court under Rooker-Feldman doctrine. Federal courts do not generally exercise jurisdiction over enforcement of state bar rules and appellant could have ...

Judge(s):

Ed Carnes, Hull, and Marcus

11th Circuit: Uberoi v. Supreme Court of Florida

MICHAEL.PUGH@KINGANDKINGPC.COM — Tue, 19 Apr 2016 20:20:21 +0000

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Citation:

D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636

Ruling:

The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman doctrine. Held: Under the Rooker-Feldman doctrine, federal district courts lack subject matter jurisdiction over claims ...

Judge(s):

Carnes; Hull; Marcus

11th Circuit: Rosenberg v. DVI Receivables XIV, LLC, et al.

MHALE@SRBP.COM — Mon, 11 Apr 2016 21:22:06 +0000

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Citation:

Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)

Ruling:

The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically ruled that the Bankruptcy Rules’ 14-day time limitation to file ...

Judge(s):

Marcus, Jill Pryor, and Fay, Circuit Judges.

11th Circuit: Justice v. U.S.A

kdisanto — Wed, 30 Mar 2016 21:36:37 +0000

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Citation:

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 tax returns under applicable nonbankruptcy law, as they did constitute an ...

Judge(s):

Tjoflat, Martin and Anderson, Circuit Judges

11th Circuit: Slater v. U.S. Steel Corp.

Dbury@stoneandbaxter.com — Thu, 25 Feb 2016 23:00:42 +0000

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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 certain of its prior judicial estoppel rulings. ...

Judge(s):

Tjoflat; Pryor; Scola (District Judge sitting by designation from the S.D. Fla.)

11th Circuit: Ullrich v. Welt (In re NICA Holdings, Inc.)

MHALE@SRBP.COM — Mon, 21 Dec 2015 22:49:58 +0000

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Citation:

Ullrich v. Welt (In re NICA Holdings, Inc.), — F.3d —, No. 14-14685 (11th Cir. Dec. 17, 2015)

Ruling:

The Eleventh Circuit held that the assignee under Florida’s Assignment for the Benefit of Creditors statute could not place an assignor entity into bankruptcy without specific authority. Further, the appellant’s appeals from the bankruptcy court’s orders approving settlements between ...

Judge(s):

Carnes, Chief Judge, Martin, Circuit Judge, and Walter, District Judge (sitting by designation)

11th Circuit: First Citizens Bank and Trust Company, Inc. v. River Walk Farm, L.P., et al.

PAVRON@BERGERSINGERMAN.COM — Wed, 19 Aug 2015 14:50:10 +0000

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Citation:

No. 14-14356 (11th Cir. Aug. 18, 2015).

Ruling:

The Eleventh Circuit affirmed the District Court's finding that the assignee of underlying loans, promissory notes, deeds and guarantees had presented sufficient evidence to establish the damages it was owed resulting from a payment default by the obligor and the ...

Judge(s):

Carnes, Tjoflat and Wilson, Circuit Judges

11th Circuit: Bank of America, N.A. v. Iest (In re Iest)

MICHAEL.PUGH@KINGANDKINGPC.COM — Wed, 19 Aug 2015 14:38:37 +0000

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Citation:

No. 14-12406; D.C. Docket No. 2:14-cv-00099-RWS; Bkcy. No. 13-bkc-23099-REB

Ruling:

In light of Bank of America, N.A. v. Caulkett , 575 U.S. ____, 135 S. Ct. 1995 (2015), which held that 11 U.S.C. § 506(d) does not permit a bankruptcy court to strip off the underwater second lien in the ...

Judge(s):

Wilson, Rosenbaum, and Cox

11th Circuit: Green Point Credit, LLC v. McLean (In re McLean)

kdisanto — Mon, 27 Jul 2015 19:36:23 +0000

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Citation:

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' chapter 13 bankruptcy case in an effort to collect a ...

Judge(s):

Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.

11th Circuit: Bank of America v. Waits (In re Waits)

KGRAY@MAYNARDCOOPER.COM — Tue, 21 Jul 2015 19:17:47 +0000

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Citation:

Bank of America Bank, N.A. v. Yvonne Roberts Waits (In re Yvonne Roberts Waits), No. 14-11408 (11th Cir. July 16, 2015) (per curiam).

Ruling:

Based on the United States Supreme Court's ruling in Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995 (2015), the United States Court of Appeals for the Eleventh Circuit reversed the district court, which had affirmed the bankruptcy court's ...

Judge(s):

Circuit Judges Tjoflat, Jordan and Black