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Brumfiel v. U.S. Bank, et al.

Citation: 
Case No. 14-1421, United States Court of Appeals for the 10th Circuit
Ruling: 
Dismissal affirmed. Applying de novo review, the 10th Circuit concluded that Debtor's claims for injunctive relief were moot because Bank was no longer pursuing its non-judicial Rule 120 procedure, and Debtor's claims for money damages were property of her bankruptcy ...
Judge(s): 
Matheson, Bacharach, and Moritz, Circuit Judges.
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Barney v. Bank of America (In re Gifford)

Citation: 
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling: 
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property does not retain an interest in property in ...
Judge(s): 
Cornish, Karlin, Jacobvitz (Karlin)
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Loreley Financing (Jersey) No. 3 Ltd., et al. v. Wells Fargo Securities, LLC, et al.

Citation: 
Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC, No. 13-CV-1476 Slip Op. (2d Cir. July 24, 2015)
Ruling: 
The Circuit Court held that the district court erred in aspects of its dismissal under Rule 12(b)(6). The court found that (1) Plaintiffs' identification of the group defendants suffices to meet particularity requirements of Rule 9(b); (2) the allegations ...
Judge(s): 
Leval, Calabresi, Lynch
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U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

Citation: 
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling: 
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s): 
Chagares, Krause, and Van Antwerpen (author)
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McMillan v. Schmidt, Jr. (In the Matter of McMillan)

Citation: 
Case No. 14-10458 (5th Cir. July 23, 2015) (not precedential)
Ruling: 
AFFIRMED (in a 2-1 decision) the dismissal of a contested matter following the bankruptcy court's denial of a motion under section 303(i) for costs and fees, concluding that a contested matter is not the proper vehicle to obtain a money ...
Judge(s): 
Per Curiam (Dennis, Prado and Higginson), Dennis dissenting.
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