Legal Opinion
David Failla v. Citibank, N.A.
Court of Appeals for the Eleventh Circuit
Decided October 4, 2016No. 15-15626PublishedCited by 38 opinions
1Opinion of the Court
WILLIAM PRYOR, Circuit Judge:
This appeal requires us to decide whether a person who agrees to “surrender” his house in bankruptcy may oppose a foreclosure action in state court. David and Donna Failla filed for bankruptcy in 2011 and agreed that they would surrender their house to discharge their mortgage debt. But the Faillas continued to oppose a foreclosure proceeding in state court. Citibank then filed a motion to compel surrender in the bankruptcy court and argued that the Faillas had breached their duty to surrender the property. The bankruptcy court granted the motion, and the district…
2Cases cited18 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Access Now, Inc. v. Southwest Airlines Co.Court of Appeals for the Eleventh Circuit · 2004
- Montclair v. RamsdellSupreme Court of the United States · 1883
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
13 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States v. Dane GillisCourt of Appeals for the Eleventh Circuit · 2019
- Gorss Motels, Inc. v. Safemark Systems, LPCourt of Appeals for the Eleventh Circuit · 2019
- United States v. Thomas Bryant, Jr.Court of Appeals for the Eleventh Circuit · 2021
- Keith A. Yerian v. Richard B. Webber IICourt of Appeals for the Eleventh Circuit · 2019
- Barbara Wortley v. Michael R. BakstCourt of Appeals for the Eleventh Circuit · 2017
33 more not listed; retrieve them via the Exa API.