By Posted in Eleventh Circuit Cases,Northern District CasesIn Perkins v. Haines, et al, No. 10-10683 (11th Cir. October 27, 2011) (click here for .pdf of opinion), the 11th Circuit took a direct appeal of the Bankruptcy Court’s order concerning the "value" defense in fraudulent transfer proceedings. The basic facts are as follows. International Management Associates, LLC and related entities were operated as a… Continue Reading
By Posted in Eleventh Circuit CasesThe Eleventh Circuit Court of Appeals has followed other courts (notably, the Fifth Circuit, as discussed here) in affirming the right of a private employer to deny employment based upon the applicant’s filing of a bankruptcy petition. In Myers v. TooJay’s Management Corp., No. 10-10774 (11th Cir. May 17, 2011) (click here for the .pdf… Continue Reading
By Posted in Eleventh Circuit CasesThere have been several cases over the years dismissing lawsuits by Debtors who failed to list the claim as an asset in their Bankruptcy schedules. As the opinion below confirms, the same duty applies where the claim arose after the filing of a Chapter 13 case and even where the Debtor proposed to pay, and… Continue Reading
By Posted in Eleventh Circuit CasesLawrence v. Goldberg, et al., 08- 11034 (11th Cir. July 10, 2009) (click here for .pdf opinion). Debtor file suit against the Chapter 7 trustee, professionals employed by the trustee, and creditors in District Court.. The District Court dismissed for lack of subject matter jurisdiction. The Eleventh Circuit affirmed. In [Barton v. Barbour, 104 U.S.… Continue Reading
By Posted in Eleventh Circuit CasesBank of America, NA v. Mukamai (In re Egidi), No. 08-15958 (June 18, 2009) (click here for .pdf of opinion). The facts were not in dispute. Within 90 days of filing her bankruptcy petition, debtor caused one credit card company to directly transfer a total of $16,065 to Bank of America ("BOA") as part of… Continue Reading
By Posted in Eleventh Circuit CasesWatts, Ch. 7 Trustee v. Argent Mortgage Company, LLC, No. 07-14615, 2008 WL 5257157 (11th Cir. December 18, 2008). The facts are as follows: On July 8, 2004, debtor Santrice Hunt purchased a house from Bellwood Homes. At closing, Bellwood gave her a warranty deed to the property, and she, in turn, executed and gave Argent… Continue Reading
By Posted in Eleventh Circuit CasesTrusted Net Media Holdings, LLC v. The Morrison Agency, Inc. (In re Trusted Net Media Holdings, LLC), No. 07-13429 (11th Cir. Dec. 2008) (click here for .pdf opinion). The issue in this case is "whether the requirements in 11 U.S.C. § 303(b) for commencing an involuntary bankruptcy petition are elements of subject matter jurisdiction." In… Continue Reading
By Posted in Eleventh Circuit CasesIn re Barrett, Nos. 07-14796, 07-14797 (11th Cir. Sep. 29, 2008) (download opinion here). The issue raised on appeal concerned a pure question of law: "whether a Chapter 13 debtor’s surrender of a “910 vehicle” (i.e., a vehicle purchased for personal use within 910 days before filing for bankruptcy) fully satisfies a creditor’s claim secured… Continue Reading
By Scott Riddle Posted in Eleventh Circuit CasesThe 11th Circuit apparently wants to make a firm stand on the "hanging paragraph" after 11 U.S.C. §1325(a)(9), with two published opinions in two days (see the first case). Nuvell Credit Company, LLC v. Dean (In re Dean), No. 07-14163 (11th Cir. August 7, 2008) (click here for link to pdf. of opinion). The issue… Continue Reading
By Scott Riddle Posted in Eleventh Circuit CasesGraupner v. Nuvell Credit Corp. (In re Graupner), No. 07-13657 (11th Cir. August 6, 2008) (click here for opinion). In a case of first impression at the Circuit level, the Eleventh Circuit Court of Appeals examined the "hanging paragraph" that comes after 11 U.S.C. §1325(a)(9). The basic facts of this case are as follows: Debtor purchased a… Continue Reading
By Scott Riddle Posted in Eleventh Circuit CasesWaldron v. Brown (In re Waldron), No. 15081 (11th Cir. August 4, 2008) (click here to download opinion). Debtors were in an auto accident after the confirmation of their Chapter 13 plan, but before they had completed payments. Debtors settled a claim against the other driver for $25,000, which was deemed as exempt. They also… Continue Reading
By Scott Riddle Posted in Eleventh Circuit CasesBarben v. Donovan (In re Donovan), No. 07-13915 (11th Cir. July 2, 2008). Donovan filed a Chapter 13 bankruptcy petition on February 17, 2004, prior to the passage of the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act. … Donovan became unable to make the payments under the plan as they came due. Accordingly, Donovan—apparently at… Continue Reading
By Scott Riddle Posted in Eleventh Circuit CasesIn re Ryan, No. 07-10845, 2008 WL 1969593 (11th Cir. May 8, 2008) (click for pdf). Ryan filed a voluntary petition for bankruptcy in early 2002. At the time, he owned 100% of the stock in a number of corporate entities (“the Entities”), including Riverside Capital Advisors, Inc. On August 7, 2002, the bankruptcy trustee… Continue Reading
By Posted in Eleventh Circuit CasesNot a Bankruptcy case, but relevant to corporate and shareholder litigation: KITTIE LAPERRIERE, Class certification, to consist of all persons who acquired the publicly traded equity securities of Vesta Insurance Group, Inc., between June 2, 1995, and June 28, 1998, inclusive (the “Class Period”). Excluded from the class, ISRAEL BURGER, RICHARD SULLIVAN, POINTERS, THE CLEANERS… Continue Reading
By Posted in Eleventh Circuit Cases By: Scott B. Riddle, Esq. Trusted Net Media Holdings, LLC v. The Morrison Agency, Inc. (In re Trusted Net Media Holdings, LLC), No. 07-13429 (11th Cir. April 29, 2008) (click here for pdf of opinion). The basic facts are the following – On April 20, 2002, Morrison, as a creditor, filed an involuntary bankruptcy petition… Continue Reading
By Posted in Eleventh Circuit CasesBy:Scott B. Riddle, Esq. Matthews, Wilson & Matthews, Inc. v. Capital City Bank, 2008 WL 901919, 07-15615 (April 4, 2008). MWM [Debtor] had trouble making loan payments, and ultimately filed for Chapter 7 bankruptcy. The bankruptcy trustee sought approval from the bankruptcy court to sell the Conyers property [owned by Debtor] and use the sale… Continue Reading
By Posted in Eleventh Circuit CasesGhee v. Retailers Nat. Bank, No. 07-14128, 2008 WL 816666 (11th Cir. March 27, 2008). Collection lawsuit against former Chapter 7 debtor’s spouse, who was not a debtor in the bankruptcy case, did not violate the discharge injunction of §524(a)(2). The appeal of the Bankruptcy Court’s decision was frivolous, so the debtor’s motion to proceed… Continue Reading
By Posted in Eleventh Circuit CasesWalden v. Walker (In re Walker), 06-11743 (11th Cir. January 31, 2008) (click here for pdf). The debtor filed a motion to remove the Chapter 7 Trustee. The Bankruptcy Court, after hearing evidence, held that the Chapter 7 Trustee lied about her previous relationship with a creditor of the estate and removed her as Trustee… Continue Reading
By Posted in Eleventh Circuit Cases In re Zimmerman, No. 06-15151, 2008 WL 161423 (11th Cir. Jan. 18, 2008). The background facts are summarized by the Court as follows: Zimmerman filed an adversary proceeding in his 2004 bankruptcy proceeding seeking a determination that his federal income tax liabilities for the years 1977 through 1979 would be dischargeable in the 2004 bankruptcy… Continue Reading
By Posted in Eleventh Circuit CasesA couple recent 11th Circuit Bankruptcy cases — Mennen v. Onkyo Corp., No. 06-12050, 2007 WL 2669484 (11th Cir. September 13, 2007). Property of the Estate. Claims of trust rightfully belong to Bankruptcy estate, where creditor trust could not how distinct and individual damage. In re Cotton, No. 07-10408, 2007 WL 2967920 (October 12, 2007). Jurisdiction. Debtor’s… Continue Reading
By Scott Riddle Posted in Eleventh Circuit CasesBy: Scott B. Riddle, Esq. In In re Piccadilly Cafeterias, Inc., No. 06-13759 (pdf), 484F.3d 1299 (11th Cir. April 18, 2007), the debtor sold substantially all of its assets pursuant to §363, prior to a confirmation of a Chapter 11 plan. In its §363 motion, and again in its plan, the debtor requested an exemption… Continue Reading
By Posted in Eleventh Circuit CasesBy: Scott B. Riddle, Esq. In In re Piccadilly Cafeterias, Inc., No. 06-13759 (pdf), 484F.3d 1299 (11th Cir. April 18, 2007), the debtor sold substantially all of its assets pursuant to §363, prior to a confirmation of a Chapter 11 plan. In its §363 motion, and again in its plan, the debtor requested an exemption… Continue Reading
By Posted in Eleventh Circuit CasesEducational Credit Management Corp. v. Mosley, No. 06-10349 (11th Cir. August 9, 2007). The Eleventh Circuit upheld the Bankruptcy Court’s (Judge Mullins, ND Ga) order discharging the debtor’s student loans where the debtor had a history of mental illness, physical limitations preventing some work, and a long history of living under the poverty line. The… Continue Reading
By Posted in Eleventh Circuit CasesUnited States v. Jacobs (In re Jacobs), No. 06-15333, 2007 U.S. App. LEXIS 15542 (11th Cir. June 29, 2007). Debtor was a lawyer with significant income tax debt related to his law practice. The opinion discusses several instances of the debtor’s somewhat lavish lifestyle, transfers to his spouse, placing assets in his spouse’s name, several… Continue Reading
