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Topic: Finance and Banking

First Citizens Bank and Trust Company, Inc. v. River Walk Farm, L.P., et al.

Citation: 
No. 14-14356 (11th Cir. Aug. 18, 2015).
Ruling: 
The Eleventh Circuit affirmed the District Court's finding that the assignee of underlying loans, promissory notes, deeds and guarantees had presented sufficient evidence to establish the damages it was owed resulting from a payment default by the obligor and the ...
Judge(s): 
Carnes, Tjoflat and Wilson, Circuit 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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Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation: 
15a049n.06
Ruling: 
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were questions of fact regarding the piercing the corporate veil theory of ...
Judge(s): 
Cole, Chief Judge, Moore and Clay, Circuit Judges
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Peterson v. Katten Muchin Rosenman LLP

Citation: 
Case No. 14-3632
Ruling: 
The Seventh Circuit reversed the district court's order dismissing the bankruptcy trustee's legal malpractice complaint against Katten Muchin Rosenman LLP ("Katten"), holding that the trustee properly stated a claim for relief by alleging that the firm failed to advise its ...
Judge(s): 
Easterbrook, Bauer, and Sykes
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Mbaku, et al. v. Bank of America, et al.

Citation: 
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling: 
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure on plaintiffs' condo. Tenth Circuit agreed with district court (D. Colo.) ruling ...
Judge(s): 
Briscoe, McKay, Phillips
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Turner v. Wells Fargo Bank (In re Turner)

Citation: 
BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
Ruling: 
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Judge(s): 
KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
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Christie v. The Bank of New York Mellon

Citation: 
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling: 
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note and deed of trust to assignees.
Judge(s): 
Lipez, Wardlaw and Murguia
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Barnes v. Harris

Citation: 
Barnes v. Harris, __ F.3d __, 2015 WL 1786861 (10th Cir. April 21, 2015)
Ruling: 
Dismissal of shareholders' action against officers and directors of failed bank holding company for breach of fiduciary duty was affirmed as all claims were either derivative or insufficient to state a claim.
Judge(s): 
Lucerno, Murphy, and McHugh
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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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