Topic: Finance and Banking

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.
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Krys v. Pigott

Citation: 
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling: 
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty; "constructive knowledge" is insufficient. The Court raised, but ...
Judge(s): 
Kearse, Pooler, and Livingston
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Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
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Spokane Law Enforcement FCU v. Barker (In re Barker)

Citation: 
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed proof of claim in a chapter 13 case ...
Judge(s): 
JURY, KURTZ, and PAPPAS,
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Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation: 
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling: 
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the bankruptcy court to deny, appellants, Hope 7's motion ...
Judge(s): 
Ginsburg, Henderson and Brown
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Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

Citation: 
-- F.3d -- (5th Cir. 2014)
Ruling: 
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the contrary or evidence of the borrower’s bad faith in defaulting to avoid a ...
Judge(s): 
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
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Arvest Bank v. Cook (In re Cook)

Citation: 
Arvest Bank v. Cook (In re Cook), Case No. 13-6014 (BAP 8th Cir., Jan. 9, 2014)
Ruling: 
The BAP did not disturb the finding of the bankruptcy court that the Arvest Bank judgment lien had priority over Empire Bank's judgment lien; the BAP held that the guaranty obligations owed to Empire Bank from certain real estate transactions ...
Judge(s): 
Saldino, Nail, and Shodeen
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Shapiro v. Henson

Citation: 
No. 11-16019, 9th Cir. Jan. 9, 2014 (For Publication)
Ruling: 
The Ninth Circuit Court of Appeals held that Section 542 of the Bankruptcy Code and pre-Bankruptcy Code practice permit a trustee to seek turnover from an entity that had "possession, custody, or control" of the subject property during the bankruptcy ...
Judge(s): 
N. Randy Smith, Jacqueline H. Nguyen, Gordon J. Quist
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Sapere Wealth Mgmt LLC v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

Citation: 
No. 12-4254-bk (2d Cir. Dec. 6, 2013) (Summary Order)
Ruling: 
Affirming District Court's judgment, dismissing Appellants' appeal from the Bankruptcy Court's order for lack of jurisdiction on the basis that the Bankruptcy Court's order was interlocutory rather than final, because it did not foreclose Appellants' ability to continue to assert ...
Judge(s): 
Walker, Cabranes, Lohier
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Porst v. Deutsche Bank National Trust Company

Citation: 
B.A.P. No. MW 12-080 (B.A.P. 1st Cir. November 20, 2013) (NOT FOR PUBLICATION)
Ruling: 
The B.A.P. AFFIRMED the bankruptcy court's dismissal of the Debtor's complaint, determining the bankruptcy court did not err in finding a trust's assignment of real property to the Debtor was effective, and rejecting the Debtor’s arguments to the contrary while ...
Judge(s): 
Lamoutte, Haines, and Deasy, U.S. Bankruptcy Appellate Panel Judges
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