Eversheds Sutherland 11th Circuit Business Blog
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Plaintiff Judicially Estopped from Pursuing Claims Not Disclosed in Bankruptcy

In Weakley v. Eagle Logistics, 2018 WL 3188663 (11th Cir. June 29, 2018), the Eleventh Circuit considered what “facts and circumstances” surrounding a plaintiff’s failure to disclose a pending lawsuit in bankruptcy proceedings will allow the lawsuit to be dismissed on judicial-estoppel grounds. The plaintiff, Timothy Weakley, had filed two separate lawsuits against a number of...

Supreme Court Grants Cert. in Bankruptcy Discharge Case

The Supreme Court granted cert. on January 12, 2018, to review Appling v. Lamar, Archer & Cofrin, LLP (In re Appling), 848 F.3d 953 (11th Cir. 2017), which we reported on below.  The case, which involves the bankruptcy discharge exception for fraud, will be heard this term. Posted by Tom Byrne.

Bankruptcy Debtors Can Recover Attorneys’ Fees Spent in Enforcing Stay and Seeking Damages, Including for Appeals

Richard and Patricia Horne filed for bankruptcy protection under Chapter 7 of the Bankruptcy Code. After the bankruptcy was filed and the automatic stay imposed by Section 362(a)(1) went into effect, Mary Mantiply, an attorney, filed a state court action against the Hornes on behalf of Mantiply’s client. Mantiply repeatedly refused to dismiss the case, even after being informed of the...

Supreme Court Scorecard: Looking Back at the 2016 Term and Forward to October

After a tough record in 2015, the Eleventh Circuit batted .400 last term at the U.S. Supreme Court. In the Court’s five merits decisions on appeal from the Eleventh Circuit, two judgments were affirmed, two were reversed, and one was vacated. The two affirmances were both in criminal cases with majority opinions by Justice Thomas. In Beckles v. United States, 137 S. Ct. 886 (Mar. 6,...

Security Is Secure, Even When It’s in Receivership

In 2009, the SEC filed an action against Arthur Nadel and others following the collapse of a Ponzi scheme. The district court appointed a receiver to administer the defendants’ property and business affairs “and take whatever actions are necessary for the protection of the investors.”  The district court also established a bar date for creditors’ and investors’ proofs of claim. Wells...

Securities Law Judgment Excepted from Discharge

On the same day the court decided Appling (below), the Eleventh Circuit issued a second bankruptcy-discharge opinion, this time addressing one of the more obscure exceptions from discharge, § 523(a)(19)(A)’s exception for judgments for securities law violations. Lunsford v. Process Technologies Services, LLC (In re Lunsford), 2017 WL 603845 (11th Cir. Feb. 15, 2017).  Judge Bill Pryor...

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