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Topic: Lender Liability

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BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)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 (BAP No. NC-13-1400-JuKuPa) November 10, 2014 [NOT FOR PUBLICATION]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In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel, affirmed the bankruptcy court’s order dismissing with prejudice their first and second amended adversary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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Haddad v. Randall S. Miller Associates, PC

Citation: 
14a0791n.06; Case No. 13-2492; Not recommended for full-text publication
Ruling: 
Sixth Circuit affirmed District Court's grant of a Fed. R. Civ. P. 12(b)(6) motion by mortgagee's counsel to dismiss an action filed by mortgagors against mortgagee's counsel under the Fair Debt Collection Practices Act (FDCPA). Mortgagors alleged mortgagee's counsel ...
Judge(s): 
Siler, Batchelder and Donald, Circuit Judges
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Slorp v. Lerner, Sampson & Rothfus

Citation: 
File name 14a0745n.06; Docket No. 13-3402
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer protection act, an Ohio falsification law and conspiracy to ...
Judge(s): 
Moore, Gibbons and Sutton; opinion by Gibbons
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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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Brown v. Bank of America N.A. - (In re Brown)

Citation: 
In Re Brown, 9th Cir. B.A.P. WW-13-1170-TaKUD, (December 13, 2013) [NOT FOR PUBLICATION]
Ruling: 
In an unpublished opinion to a companion appeal (BAP No. 12-1534) by the debtor, the 9th Circuit Bankruptcy Appellate Panel, affirmed the ruling by the bankruptcy court, when it held that it lacked jurisdiction to consider the motion dismissing the ...
Judge(s): 
Taylor, Kurtz, and Dunn
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Staker v. Jubber (In re D. Staker)

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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