Topic: Finance and Banking

Staker v. Jubber (In re D. Staker)

Summarized by Bryan Robinson, Law Offices of Bryan Robinson 3 weeks 6 days ago
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Citation: 
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling: 
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property in their demand for relief. The objecting ...
Judge(s): 
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
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In re Rodriguez

Summarized by Thomas Horan, Womble Carlyle Sandridge & Rice, LLP 7 weeks 6 days ago
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Citation: 
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling: 
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of ...
Judge(s): 
Jordan, Aldisert, and Nygaard, Circuit Judges.
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El Camino Resources Ltd. v. Huntington National Bank

Summarized by Nicholas Miller, Neal, Gerber & Eisenberg, LLP 9 weeks 6 days ago
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Citation: 
Case No.12-1254
Ruling: 
The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge to sustain claims against the bank for aiding abetting fraud, ...
Judge(s): 
Siler, Sutton and McKeague
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North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Summarized by Brendan Gage, U.S. Bankruptcy Court, Eastern & Western Districts of Arkansas 12 weeks 19 hours ago
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Citation: 
No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)
Ruling: 
Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it turns over the account funds to the trustee without requesting ...
Judge(s): 
Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.
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Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Summarized by Eric Lockridge, Kean Miller LLP 14 weeks 3 days ago
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Citation: 
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling: 
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime should be used. The Court also rejected the Debtors' equitable-mootness argument and ...
Judge(s): 
Higginbotham, Elrod, Haynes
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Avenue CLO Fund Ltd. v. Bank of America, N.A.

Summarized by Weston Eguchi, Willkie Farr & Gallagher LLP 15 weeks 6 days ago
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Citation: 
Avenue CLO Fund Ltd. v. Bank of America, N.A., Case No. 11-10468 (11th Cir. Feb. 20, 2013)
Ruling: 
Affirming the district court's rulings, the 11th Circuit concluded that (A) the plaintiff Term Lenders lacked standing to enforce the defendant Revolving Lenders' promise to lend to Borrowers under Credit Agreement; and (B) summary judgment on the issue of whether ...
Judge(s): 
Tjoflat, Martin and Bucklew (sitting by designation)
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Hasbun v. Recontrust Co., N.A.

Summarized by Summer Chandler, McKenna Long & Aldridge LLP 17 weeks 4 days ago
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Citation: 
Case No. 11-15214 (11th Cir. February 13, 2013)
Ruling: 
The Eleventh Circuit AFFIRMED the order of the United States District Court for the Southern District of Florida dismissing the case of Eugenia Hasbun (“Plaintiff”) with prejudice. Specifically, the Eleventh Circuit held that the District Court did not ...
Judge(s): 
TJOFLAT, MARTIN and FAY
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Glazer v. Chase Home Finance LLC

Summarized by Michael Coury, Butler Snow O'Mara Stevens & Cannada PLLC 22 weeks 1 day ago
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Citation: 
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling: 
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts owed to another which was not in ...
Judge(s): 
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
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Coyer v. HSBC Mortgage Services, Inc.

Summarized by James E. Bailey III, Butler Snow O'Mara Stevens & Cannada PLLC 28 weeks 16 hours ago
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Citation: 
12a0396p.06
Ruling: 
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law fraud; (4) breach of the implied covenant of good faith and ...
Judge(s): 
Merritt, Martin and Gilman
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Iberiabank v. Beneva 41-I, LLC

Summarized by Vicky Kothari, Vicky Kothari, Esq. 28 weeks 2 days ago
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Citation: 
Iberiabank v. Beneva, Case No. 11-11195 (11th Cir. Nov. 30, 2012)[Publish]
Ruling: 
Affirmed. Eleventh Circuit affirmed District Court holding the Termination Clause of sublease falls within the language of Section 1821(e)(13)(A) and therefore unenforceable against the FDIC as receiver of Orion. FDIC acted within its powers when it enforced the ...
Judge(s): 
Tjoflat, Martin, and Hill
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