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IN RE FAILLA

No. 15-15626.

838 F.3d 1170 (2016)

IN RE: David A. FAILLA, Donna N. Failla, Debtors. David A. Failla and Donna N. Failla, Plaintiffs-Appellants, v. Citibank, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Date Filed: October 4, 2016.

Attorney(s) appearing for the Case

Peter David Ticktin , Ticktin Law Group, PA, DEERFIELD BEACH, FL, Michael E. Zapin , Law Offices of Michael E. Zapin, BOCA RATON, FL, for Plaintiffs-Appellants.

John Robert Chiles , Burr & Forman, LLP, FORT LAUDERDALE, FL, Jonathan Michael Sykes , Burr & Forman, LLP, ORLANDO, FL, for Defendant-Appellee.

Before MARCUS and WILLIAM PRYOR, Circuit Judges, and LAWSON, District 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...

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