First National Bank of Oneida, N.A. v. Brandt

The Eleventh Circuit vacated the district court's dismissal of First National's deficiency claims and remanded for the district court to consider, in the first instance, whether the dismissal of defendant's Chapter 11 case without a discharge had any effect on First National's ability to pursue its deficiency claims. After the parties had filed their briefs in this appeal, defendant moved the bankruptcy court to dismiss his Chapter 11 case and the bankruptcy court granted the motion to dismiss. The court explained that, given the dismissal of defendant's underlying bankruptcy petition, none of defendant's debts or liabilities were discharged and the automatic stay was terminated. View "First National Bank of Oneida, N.A. v. Brandt" on Justia Law