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Janvey v. Brown et al.

Citation: 
--- F.3d --- (5th Cir. 2014) [No. 13-10266 c/w 13-10272 c/w 13-10276 c/w 13-10279]
Ruling: 
Fifth Circuit AFFIRMED partial summary judgment in favor of the Stanford receiver on TUFTA claims against “net winner” investors. Most notably, the Fifth Circuit agreed that only the false interest paid to investors was subject to avoidance: “Unlike ...
Judge(s): 
HIGGINBOTHAM, CLEMENT, and HIGGINSON. Opinion by HIGGINBOTHAM.
Read on...

KDC Foods v. Gary, Plant, Mooty

Citation: 
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling: 
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate further. The Court found the the ...
Judge(s): 
Tinder, Hamilton, Kapala (sitting by designation)
Read on...

Rugiero v. Nationstar Mortgage, LLC

Citation: 
No. 13-2126 (6th Cir. Sept. 15, 2014)
Ruling: 
Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on plaintiff's property prior to bankruptcy filing alleging predatory and deceptive ...
Judge(s): 
Boggs, Batchelder and White, Circuit Judges
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Larson, III v. Foster (In re Foster)

Citation: 
Larson v. Foster (In re Foster), Case No. 14-6007 (8th Cir. BAP 2014)
Ruling: 
Court affirmed dismissal of creditor's fraudulent conveyance action and denial of creditor's motion for retroactive approval of prosecution of derivative action.
Judge(s): 
Kressel, Saladino, and Shodeen
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Schwab v. Oscar (In re SII Liquidation Co.)

Citation: 
Schwab v. Oscar (In re SII Liquidation Co.), Case No. 14-8009 (6th Cir. B.A.P. Sept. 15, 2014).
Ruling: 
The Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the bankruptcy court's denial of a motion for relief from judgment. The bankruptcy court had previously dismissed movants' malpractice claim for lack of standing, and the movants did not appeal. Subsequently, the ...
Judge(s): 
HUMPHREY, OPPERMAN, and PRESTON
Read on...
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