29 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,052 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Burnes v. Pemco Aeroplex, Inc.
291 F.3d 1282 (11th Cir. 2002) Cited 572 times 4 Legal Analyses
Holding that "courts must always give due consideration to all of the circumstances of a particular case when considering the applicability of this doctrine"
Barger v. City of Cartersville
348 F.3d 1289 (11th Cir. 2003) Cited 364 times 2 Legal Analyses
Holding that the plaintiff could not "avoid the consequences of the acts or omissions of [her] freely selected [attorney]"
Robinson v. Tyson Foods
595 F.3d 1269 (11th Cir. 2010) Cited 223 times 1 Legal Analyses
Holding that under binding precedent of this circuit, the Chapter 13 debtor "had a statutory duty to amend her schedule of assets to reflect her claims against" a defendant in a later civil suit where those claims arose after confirmation of her plan
Welker v. Orkin, LLC
CIVIL ACTION NO. 5:13-CV-126 (MTT) (M.D. Ga. Apr. 17, 2014) Cited 4 times
In Welker, an employee claimed that his employer tortiously interfered with his employment relationship and with the employee's relationships with customers.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,530 times 175 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 101 - Definitions
11 U.S.C. § 101 Cited 26,773 times 214 Legal Analyses
Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934
Section 727 - Discharge
11 U.S.C. § 727 Cited 11,583 times 17 Legal Analyses
Finding that debtor had "actually intended to hinder and delay a creditor"
Section 522 - Exemptions
11 U.S.C. § 522 Cited 10,270 times 36 Legal Analyses
Granting debtor power to avoid judicial lien that impairs exemption
Section 524 - Effect of discharge
11 U.S.C. § 524 Cited 6,167 times 75 Legal Analyses
Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined
Section 507 - Priorities
11 U.S.C. § 507 Cited 4,329 times 26 Legal Analyses
Determining the priority of claims
Section 109 - Who may be a debtor
11 U.S.C. § 109 Cited 4,054 times 35 Legal Analyses
Allowing municipal bankruptcy only if specifically authorized by state law
Section 521 - Debtor's duties
11 U.S.C. § 521 Cited 3,614 times 18 Legal Analyses
Requiring debtor to file a schedule of assets and liabilities
Section 1307 - Conversion or dismissal
11 U.S.C. § 1307 Cited 2,386 times 11 Legal Analyses
Providing that the bankruptcy court "shall dismiss" a Chapter 13 case "[o]n request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title"

Freeman v. Hotel Equities Inc

29 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that "courts must always give due consideration to all of the circumstances of a particular case when considering the applicability of this doctrine"

Holding that the plaintiff could not "avoid the consequences of the acts or omissions of [her] freely selected [attorney]"

Holding that under binding precedent of this circuit, the Chapter 13 debtor "had a statutory duty to amend her schedule of assets to reflect her claims against" a defendant in a later civil suit where those claims arose after confirmation of her plan

In Welker, an employee claimed that his employer tortiously interfered with his employment relationship and with the employee's relationships with customers.

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

Finding that debtor had "actually intended to hinder and delay a creditor"

Granting debtor power to avoid judicial lien that impairs exemption

Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

Determining the priority of claims

Allowing municipal bankruptcy only if specifically authorized by state law

Requiring debtor to file a schedule of assets and liabilities

Providing that the bankruptcy court "shall dismiss" a Chapter 13 case "[o]n request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this title"