In 2011 there were 53503 filings in the Middle District of Florida, by 2015 there is projected to be only 31760. 2011 53503 2012 45898 2013 41100 2014 36305 1st Quarter of 2015 7940 67.5% were Chapter 7 and 31.5% were Chapter 13 with 20% of all filings being done pro se Of the 1st […]
In re Trussel 2015 WL 1058253 (Bankr. M.D. Fla. March 5, 2015) (Jennemann, J.) Secured creditor was not entitled to injunctive relief compelling debtor to surrender the property and cease asserting affirmative defenses in the foreclosure action. Evidence presented did not support the argument that debtor failed to comply with his duties under section 521 […]
New Amended Administrative Order Requiring Photo Identification by Unrepresented Parties Effective June 1, 2015, every unrepresented party, including debtor(s) wishing to file a voluntary bankruptcy petition and petitioning creditor(s) wishing to file an involuntary petition in any division of the United States Bankruptcy Court for the Middle District of Florida, must provide acceptable photo identification […]
The Court ruled: Because section 702.01 does not apply as between HSBC and LaSalle Bank, HSBC’s earlier perfection of its security interest in a note arising from the Perez-FGMC transaction establishes its priority over LaSalle. We therefore reverse the final judgment and remand to the circuit court for the entry of a final judgment in […]
Savage v. CITIBANK NA, Dist. Court, ND California 2015 Northern District California refuses to apply arbitration agreement to TCPA where there were violations of the federal Telephone Consumer Protection Act (“TCPA”) by credit card issuer First Card, calling the debtor’s cellular phone in an attempt to collect on the credit card debt. https://scholar.google.com/scholar_case?case=14883859290605892284&hl=en&lr=lang_en&as_sdt=6,31&as_vis=1&oi=scholaralrt Carol A. […]
ADIEL GOREL AND FLCA TROPICAL HOLDINGS, LLC, v THE BANK OF NEW YORK MELLON Failure to provide at least 30 days to cure the default in notice of default and right to cure did not prejudice the borrower, was not a valid defense to the foreclosure. The Court ruled: Bank’s default letter set a cure […]
Debts that are past the statute of limitations are considered time-barred debts. The following case law sho0ws that time-barred debts are not allowed in the Eleventh Circuit, which is Florida’s Circuit. Crawford v. LVNV Funding LLC 785 F3d 1254 (11th Cir. July 10,2014) Proof of claim was filed on a time-barred debt in Chapter 13. […]
In Maignan v. Seterus, Inc., No. 14-CV-22488 (S.D. Fla. Feb. 11, 2015), the United States District Court for the Southern District of Florida found that an allegedly deceptive communication to a plaintiff’s attorney, as opposed to the plaintiff himself, is not actionable under either the federal Fair Debt Collection Practices Act (FDCPA) or its state counterpart, […]
The Eleventh Circuit Court of Appeals in In Re Checking Account Overdraft Litigation, Celia Spears-Haymond held that District Court erred in ruling that a bank waived its rights to compel arbitration of unnamed putative class members’ claims. The lower court lacked jurisdiction to resolve issues involving unnamed putative class members prior to certification, and that […]
2nd DCA reversed a final judgment of foreclosure, holding that the mortgagee failed to properly establish the amount of its damages. the court, however, affirmed State Farm had established its standing as the holder of the note and mortgage, and the default of the mortgagor/borrower under the note. The borrower failed to move for dismissal […]
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