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Dauenhauer v. The Bank of New York Mellon

Citation: 
File 14a0275n.06; Docket No. 13-5810
Ruling: 
In an opinion designated as not for publication, the Sixth Circuit Court of Appeals affirmed the decision of the District Court for the Middle District of Tennessee dismissing a complaint against Bank of New York Mellon, MERS and other defendants ...
Judge(s): 
Suhrheinrich, Griffin and Kethledge.
Read on...

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

Citation: 
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling: 
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her interest in property seven months before filing Chapter 7 ...
Judge(s): 
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Read on...

Schwartz-Tallard v. America's Servicing Co

Citation: 
America’s Servicing Company v. Schwartz-Tallard (In re Schwartz-Tallard), Case No. 11-1429 (9th Cir. Apr. 16, 2014).
Ruling: 
The Court of Appeals for the Ninth Circuit (the "Ninth Circuit") affirmed the decision of the Bankruptcy Appellate Panel for the Ninth Circuit (the "B.A.P."), holding that a debtor is not precluded from recovering, as damages, attorneys’ fees for defending ...
Judge(s): 
J. Clifford Wallace and Ronald M. Gould, Circuit Judges and Paul C. Huck, Senior District Judge (sitting by designation).
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C.W. Mining Co. v. Bank of Utah

Citation: 
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling: 
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a fully secured creditor could not be avoided pursuant to 11 U.S.C. ...
Judge(s): 
Mkovich, Brorby, and Murphy, Circuit Judges.
Read on...

Larson v. Sharp

Citation: 
B.A.P. 10th Cir. 13-053 (April 11, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of the trade. The Court ruled that the "gainful ...
Judge(s): 
Karlin, Jacobvitz, and Hall
Read on...
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