Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 5 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 5 months ago
Citation:
State Bank of Texas v. Patel, No. 11-11268
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of State Bank of Texas ("Bank") and denial of the Patels' motion for judgment on the pleadings. The Eleventh Circuit found that (1)...
United States Court of Appeals for the Eighth Circuit, No. 10-2568
Ruling:
The court held that a purportedly secured lender's claims against non-debtor insiders of the borrower entity, which had been placed in federal court receivership, were not barred by the anti-suit...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 6 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
