Skip to main content

Page Banner(Taxonomy)

11th circuit

Shibley, In re--SouthState Bank v. Shibley

Ruling
Bank was granted sanctions as the debtor knew the sanctions motion he filed had no legal basis and was filed in bad faith to harass the bank and increase its costs. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

ABI Membership is required to access the full summary of Shibley, In re--SouthState Bank v. Shibley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 24, 2024 , LexisNexis #1224-025

Belcher, In re--GMT Mgmt. Grp., LLC v. Belcher

Ruling
Summary judgment as to nondischargeability denied due to insufficient factual support. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Belcher, In re--GMT Mgmt. Grp., LLC v. Belcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 24, 2024 , LexisNexis #1224-006

TLC Med. Grp., Inc., In re

Ruling
Debtor's bankruptcy case dismissed for failure to respond to routine requests from U.S. Trustee or provide proof of insurance for major asset. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”.

ABI Membership is required to access the full summary of TLC Med. Grp., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 23, 2024 , LexisNexis #1224-014

Kiener Maschinenbau GmbH, In re

Ruling
Creditor's requests for stay relief and to pursue collection from Chapter 15 debtors' insurance policy in the U.S. courts were granted as requiring her to litigate abroad would deprive her of her right to a jury trial. (Bankr. N.D. Ga.)
Issue(s)
Order Granting Recognition.

ABI Membership is required to access the full summary of Kiener Maschinenbau GmbH, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 16, 2024 , LexisNexis #1224-019

Legacy Pools LLC, In re

Ruling
Court found that the debtor did not propose the plan in good faith as unsecured creditors would only be paid pro rata distributions of the debtor's actual disposable income over five years. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Exception

ABI Membership is required to access the full summary of Legacy Pools LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 13, 2024 , LexisNexis #1224-016

Durr, In re

Ruling
Debtor's plan did not unfairly discriminate against a designated class of creditors as payments to the IRS were being made by the debtor's non-filing spouse outside the plan with funds the debtor's unsecured creditors would not be entitled to receive. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.

ABI Membership is required to access the full summary of Durr, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-072

NS FOA, LLC, In re

Ruling
Movant was not entitled to a stay as he had little or no chance of success on his appeals. (Bankr. S.D. Fla.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

ABI Membership is required to access the full summary of NS FOA, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 06, 2024 , LexisNexis #1124-074

TGP Communs., LLC

Ruling
Debtor was not entitled to a stay pending appeal of the dismissal of its bankruptcy case as it failed to demonstrate either the likelihood of success on appeal or irreparable injury. (Bankr. S.D. Fla.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.

ABI Membership is required to access the full summary of TGP Communs., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 06, 2024 , LexisNexis #1124-075

Farnham, In re

Ruling
Creditors' request to vacate the bankruptcy court's order dismissing debtor's Chapter 13 case failed as debtor had an unambiguous right to voluntarily dismiss his case. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

ABI Membership is required to access the full summary of Farnham, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-070

Chipley's Fam. Rest., LLC, In re--Walker v. CFG Merchant Sols., LLC

Ruling
Statute restricting venue did not apply to preference actions. (Bankr. M.D. Ga.)
Issue(s)
Fraudulent Transfers and Obligations.

ABI Membership is required to access the full summary of Chipley's Fam. Rest., LLC, In re--Walker v. CFG Merchant Sols., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 06, 2024 , LexisNexis #1124-062