The U.S. Court of Appeals for the Eleventh Circuit has affirmed a lower court’s decision, concluding that a bankruptcy debtor’s claims against The Bank of New York Mellon (BoNYM) were effectively barred by a comprehensive settlement agreement reached two years prior. The ruling marks another chapter in the decade-long, complex…
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Court Upholds Settlement Barring Bankruptcy Debtor’s Claims Against Bank
A lengthy and complex legal battle involving bankruptcy debtor Shirley White-Lett and The Bank of New York Mellon (BoNYM) has reached another conclusion, with the Eleventh Circuit Court of Appeals affirming a lower court’s decision. The core issue revolved around a 2022 settlement agreement that the courts found barred White-Lett…
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Eleventh Circuit Upholds Ruling: Courtyard Dispute Goes to Tenant Who Already Occupied the Space
A long-running legal battle over a disputed piece of courtyard space in Tampa, Florida, has concluded in favor of the long-term tenant, The Dubliner, Inc., and the landlord, Frank Kane. The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court’s decision, concluding that the 2009 lease agreement…
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700 Trust’s Bankruptcy Appeal Dismissed Due to Lack of Jurisdiction
The Eleventh Circuit Court of Appeals has dismissed an appeal filed by 700 Trust, a debtor in a bankruptcy case. The court ruled that it did not have the authority, or “jurisdiction,” to hear the appeal. This decision stems from the nature of the orders being challenged and the eventual…
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Court Rules State Water Board Can Proceed with Groundwater Regulations
The California Court of Appeal, Fifth Appellate District, has ruled in favor of the State Water Resources Control Board (State Board) in a case brought by the Kings County Farm Bureau and others, allowing the State Board to move forward with its plans to regulate groundwater usage in the Tulare…
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Title: Court Upholds Ruling in Bankruptcy Case, Rejecting Claims of Fraud and Liability
The Eleventh Circuit Court of Appeals has affirmed a lower court’s decision in a complex bankruptcy case involving ATIF, Inc. (the “Debtor”), a Florida-based title insurance company, and several related parties, including Old Republic National Title Insurance Company (“OR Title”) and Attorneys’ Title Fund Services, LLC (“ATFS”). The case centered…
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Bank’s Foreclosure Attempt Fails Due to Prior Tax Sale
U.S. Bank Trust National Association found itself on the losing side of a legal battle in Cuyahoga County, Ohio. The Eighth Appellate District Court of Appeals affirmed a lower court’s decision, effectively blocking the bank’s attempt to foreclose on a property. The core issue revolved around a prior tax foreclosure…
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Iowa Court of Appeals Sides with Beneficiary in Estate Dispute
The Iowa Court of Appeals has sided with a beneficiary in a dispute over the distribution of funds from the estate of Dennis R. Peterson. The court affirmed a lower court’s decision that allowed the beneficiary, Joe Parcell, to receive the remaining funds after debts and claims against the estate…
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Trustee Can Shield Some Attorney-Client Communications from Beneficiary, Court Rules
A recent ruling by the Pennsylvania Superior Court clarifies the boundaries of the fiduciary exception to attorney-client privilege in trust and estate cases. The court decided that a trustee can protect certain communications with their lawyer from disclosure to a beneficiary, specifically those related to a lawsuit the trustee filed…
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TD Bank Account Safe: Eleventh Circuit Upholds Tenancy by the Entirety Exemption in Del Amo Bankruptcy Case
In a recent ruling, the Eleventh Circuit Court of Appeals affirmed a lower court’s decision, protecting a TD Bank account held by Carlos Del Amo and his wife from creditors in his Chapter 7 bankruptcy proceedings. The key issue was whether the account was owned as a “tenancy by the…