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Lee Wendell Loder v. Icemakers, Inc.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-10891 · judgment February 25, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Federal courts must protect its jurisdiction. Debtors who seek to mutually resolve claims of dischargeability should be permitted to at the same time liquidate the debt. The court of appeals held that the petitioner’s consent, money judgment liquidating said debt was not a judgment but, instead, only a determination deeming that said underlying debt was non-dischargeable. The appellate court determined that the bankruptcy court’s jurisdiction to create a money judgment did not exist. The question presented is: Whether a bankruptcy court has the jurisdictional authority to render a liquidated money judgment at the same time that it determines a debt to be nondischargeable? All other circuits that have addressed this issue have answered in the affirmative and the Petitioner concurs. The Eleventh Circuit opinion creates a conflict among the circuits.
Counsel of record
For petitioner
Lee Wendell Loder
Loder, P.C.
For respondent
Walter F McArdle
Spain &Gillon, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 11 2021Petition DENIED.
- Dec 16 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 08 2020Waiver of right of respondent Icemakers, Inc. to respond filed.
- Nov 10 2020Petition for a writ of certiorari filed. (Response due December 17, 2020)