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Topic: Finance and Banking

DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

Citation: 
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 13-14781 (11th Cir. Feb 27, 2015)
Ruling: 
Affirmed in part, vacated in part, and remanded. Adopting analysis and reasoning of Glannon v. Carpenter (In re Glannon), 245 B.R. 882, 894-95 (D.Kan.2000) re scope of award for attorney's fees and costs under § 303(i)(1) as encompassing all ...
Judge(s): 
Hull, Julie Carnes, and Walker (John M. Walker, 2nd Circuit sitting by designation)
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Borman, LLC v. 18718 Borman, LLC, Joseph Schwebel

Citation: 
Borman, LLC v. 18718 Borman, LLC, et al., No. 14-1419 (6th Cir. February, 2, 2015)
Ruling: 
The Circuit Court first agreed with the district court’s holding that the intent behind the NMLA requires the NMLA to apply to Borrower’s loan, and bars Purchaser’s action based on the CMBS loan not fitting within the NMLA definition of ...
Judge(s): 
Daughtrey, Clay, and Cook, Circuit Judges
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Commercial Law Corp. PC v. FDIC

Citation: 
No. 14-1399 (6th Cir. Jan. 27, 2015).
Ruling: 
An unwritten agreement for the payment of legal fees incurred by the counsel for a bank receiver is not an “agreement which tends to diminish or defeat the interest of the [FDIC] in any asset acquired by it…as security for ...
Judge(s): 
Daughtrey, Clay, and Cook.
Not worthy of a summary? Why?: 
Case is not related to bankruptcy. It involves an interpretation of 12 U.S.C. 1823(e)(1) and 12 U.S.C. 1821(d)(9)(A) and the common law D'Oench doctrine in the context of bank insolvency.
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Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

Citation: 
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling: 
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to effectuate a termination of the filed Financing Statement; ...
Judge(s): 
Winter, Wesley and Carney
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Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)

Citation: 
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
Ruling: 
The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement, a violation of Mass. Gen. Laws ch. 110A, § 410(a)(2) (Massachusetts' Blue Sky Law). ...
Judge(s): 
Lynch, Howard & Barron
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Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

Citation: 
Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
Ruling: 
REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the petition date, rather than from the complaint.
Judge(s): 
Kirscher, Kurtz, and Davis
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Araya v. JPMorgan Chase Bank, N.A., et al.

Citation: 
13-7036
Ruling: 
Federal District Court abused its discretion when it maintained jurisdiction over a removed case involving only state law and common law claims after the federal claims were dismissed.
Judge(s): 
Brown, Millett, and Wilkins.
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Starion Financial v. McCormick (In re McCormick)

Citation: 
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and granting the Debtors’ Motion to Disallow Attorneys’ Fees and Costs. The ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
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Bavelis v. Doukas (In re Bavelis)

Citation: 
Docket No. 14-3067; File name 14a0284p.06
Ruling: 
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to enter a judgment sustaining an objection to the proof of claim filed ...
Judge(s): 
Batchelder, Gilman and Gibbons; opinion by Gilman
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Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

Citation: 
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling: 
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust executed before the IRS filed ...
Judge(s): 
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
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