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11th Circuit - Two Days - Two 506 Decisions

Submitted by Anonymous (not verified) on Thu, 10/02/2014 - 05:30

Two days, two chapter 7 section 506 decisions by the the 11th Circuit Court of Appeals.  On September 29, 2014, the Court issued its decision in In re Phillip, 2014 WL 4802758 (11th Cir. Sept. 29, 2014)(not selected for publication). On September 30, 2014, the Court issued its decision in In re Vaner Iest, 2014 WL  4825253 (11th Cir. Sept. 30, 2014)(not selected for publication).  The mortgage lender in both cases was Bank of America, N.A.

11th Circuit: "Be Sure Your Sin Will Catch Up with You"

Submitted by Anonymous (not verified) on Sat, 09/27/2014 - 04:22

A few days ago, the 11th Circuit  Court of Appeals issued its decision in the case of Airtran Airways, Inc., v. Brenda Elem, et al., case 13-11738 (11th Cir. Sept. 23, 2014).

11th Circuit: Karma, Law and Equity

Submitted by Anonymous (not verified) on Sat, 09/27/2014 - 04:22

A few days ago, the 11th Circuit  Court of Appeals issued its decision in the case of Airtran Airways, Inc., v. Brenda Elem, et al., case 13-11738 (11th Cir. Sept. 23, 2014).

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Submitted by Anonymous (not verified) on Wed, 09/24/2014 - 19:53

"Post hoc ergo propter hoc" - Latin for "after this, therefore because of this."  This episode from West Wing assumes that at least one of the 27 lawyers in the room would know what it means.  Even Sheldon in Bing Bang understands this logical fallacy and so does Spock. 
Logical Fallacy 

Logical Fallacy and the Law: "Post Hoc Ergo Propter Hoc"

Submitted by Anonymous (not verified) on Wed, 09/24/2014 - 19:53

"Post hoc ergo propter hoc" - Latin for the fallacy of reasoning of "after this, therefore because of this."  President Bartlet in this episode from 

Logical Fallacy and the Law: "Post Hoc Ergo Propter Hoc"

Submitted by Anonymous (not verified) on Wed, 09/24/2014 - 19:53

"Post hoc ergo propter hoc" - Latin for the fallacy of reasoning of "after this, therefore because of this."  President Bartlet in this episode from 

Mortgages: Statute of Limitations, Quiet Title Actions, Etc.

Submitted by Anonymous (not verified) on Sat, 09/20/2014 - 20:00

In the aftermath of the real estate mortgage foreclosure crisis in Florida since 2008, various issues have been presented to the court in Florida regarding the enforceability of mortgages, including statute of limitations arguments.

Preservation of Error and the Civil Plain Error Rule

Submitted by Anonymous (not verified) on Wed, 09/17/2014 - 16:57

The recent Middle District of Florida decision in In re Nabavi, 2014 WL 3939595 (M.D. Florida, August 12, 2014) made reference to the 11th Circuit Court of Appeal’s longtime adoption of the "civil plain error rule" - an exception to the general rule that an appellate court will not consider an issue not raised in the lower court.  In the In re Nabavi  appeal to the District Court from the Bankruptcy Court, the creditor raised arguments which it had failed to before the Bankruptcy Court.

Preservation of Error and the Civil Plain Error Rule

Submitted by Anonymous (not verified) on Wed, 09/17/2014 - 16:57

"The recent Middle District of Florida decision in In re Nabavi, 2014 WL 3939595 (M.D. Florida, August 12, 2014) made reference to the 11th Circuit Court of Appeal’s longtime adoption of the "civil plain error rule" - an exception to the general rule that an appellate court will not consider an issue not raised in the lower court.

Indictment for Bankruptcy Crime in Palm Beach County

Submitted by Anonymous (not verified) on Mon, 09/15/2014 - 17:46

An indictment a few days ago against a chapter 7 debtor in Palm Beach County provides an occasion to review the bankruptcy crimes provisions of title 18 of the United States Code.  This indictment gives credence to the rule of thumb to beware of the debtor who mentions the words "Rolex watch." 

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