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Cohen v. Third Coast Bank, SSB (In the Matter of Cohen)

Citation: 
5th Cir Court of Appeals; 14-40760 (Unpublished Opinion)
Ruling: 
Debtor's admittedly false borrowing base certificates are not "statements respecting the debtor's or an insider's financial condition" under section 523(a)(2)(B) that require proof of reasonable reliance under section 523(a)(2)(B)(iv), but, rather, a false representation that does not require such a ...
Judge(s): 
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
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Bay Corrugated Container, Inc. v. Gould

Citation: 
15a0244n.06; No. 14-1237
Ruling: 
Sixth Circuit affirmed district court's determination that litigant failed to diligently prosecute the litigant's claim under Fed. R. Civ. P. 41(b). Applying the Knoll test, the Sixth Circuit found that; (I) the litigant showed a reckless disregard for the ...
Judge(s): 
Siler, Batchelder and Rogers, Circuit Court Judges
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Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

Citation: 
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling: 
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7 trustee because it had a materially adverse interest and the ...
Judge(s): 
Kornreich, Tester, Cary
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In re 2920 ER, L.L.C.

Citation: 
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling: 
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery, because district court had not yet entered final judgment, and the orders did not ...
Judge(s): 
Prado, Owen, Higginson
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Pawtucket Credit Union v. Boyajian

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth in the Bankruptcy Code and Rules. Plan confirmation ...
Judge(s): 
Kornreich, Tester, and Cary
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