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Cote v. Al V., Inc. (In re Cote)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1025-TaPaJu (July 27, 2015)
Ruling: 
In the unpublished decisions, the BAP determined that the bankruptcy court's findings were clearly erroneous and reversed the bankruptcy court's judgment. The BAP determined that a finding of fraud was appropriate only if Debtor knew that he could not ...
Judge(s): 
TAYLOR, PAPPAS, and JURY, Bankruptcy Judges
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Kansas Ins. Guaranty Assoc. v. FDIC

Citation: 
2015 WL 4647980 (10th Cir. Aug. 6, 2015) (Case Nos. 14-3063, 14-3064)
Ruling: 
The Tenth Circuit affirmed the district court's summary judgment ruling in favor of the plaintiff, BancInsure. Applying Kansas law, the Court held that the "insured v. insured" exclusion in the policy, which (among other things) explicitly barred coverage for claims ...
Judge(s): 
Kelly, Holmes, and McHugh, Circuit Judges.
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Firefighters' Retirement System v. Citco Group Ltd.

Citation: 
No. 14-30857; Fifth Circuit
Ruling: 
The Fifth Circuit ruled that there is a limited exception to the "nonreviewability" provisions of remand orders under 28 USC Sections 1334(c)(1) and 1452(b), where the removed case involves a question of permissive abstention and is related to a case ...
Judge(s): 
Stewart, Haynes and Brown
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In re SemCrude L.P., et al.

Citation: 
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling: 
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted, settled and released by the SemCrude Litigation Trust. Because the limited partners had no ...
Judge(s): 
Fuentes, Fisher and Krause, C.J.
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City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

Citation: 
No. 14-3381-bk (Aug. 4, 2015)
Ruling: 
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7 1995). The Court distinguishes Penrod ...
Judge(s): 
Jacobs, with Newman & Raggi
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