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Topic: Lender Liability

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation: 
2016 WL 4437606 (6th Cir. 2016)
Ruling: 
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s): 
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
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Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation: 
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling: 
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that the Debtor was in a later-dismissed chapter 11, the ...
Judge(s): 
Diaz, Wilkinson and Niemeyer
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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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Neff v. Flagstar Bank

Citation: 
Case No. 14-3837 (6th Cir. 2015)
Ruling: 
Borrower precluded from contesting foreclosure based on estoppel or misrepresentation based on lender's alleged statements that borrower did not need to defend foreclosure or that lender would modify loan, where borrower could not prove that but for alleged misrepresentation the ...
Judge(s): 
Moore, Cook and Cohn (District Judge)
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Rogers v. Bank of America

Citation: 
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling: 
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that home foreclosure was invalid where claim was based on lenders' ...
Judge(s): 
Wollman, Beam, Colloton
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Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation: 
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling: 
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and safeguards of the plan confirmation or ...
Judge(s): 
Hardiman, Scirica, and Barry, Circuit Judges
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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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BB Syndication Services, Inc. v. First American Title Ins. Co.

Citation: 
BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling: 
The Seventh Circuit held that when a lender cuts off loan funding by reason of a construction project’s overspending, the lender is, in fact, “creating” or “suffering” a mechanic’s lien because there is inevitably some completed work that remains to ...
Judge(s): 
Wood, Flaum, Sykes
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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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Mullin v. Wells Fargo Bank (In re Mullin)

Citation: 
Mullin v. Wells Fargo Bank (In re Mullin), 9th Cir. B.AP. (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary complaints filed against appellees, Wells Fargo Bank, N.A. (WFB). The court found that since all ...
Judge(s): 
JURY, KURTZ, and PAPPAS, Bankruptcy Judges
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