Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 12 months ago
Citation:
12a0069p.06; Docket No. 10-2103
Ruling:
In affirming the rulings of the courts below overruling the objection of the Michigan Department of Treasury ("Treasury") to the debtor's protective claim, the Sixth Circuit Court of Appeals held...
Judge(s):
Martin, Gibbons and Steeh (District Judge); authored by Hon. Julia Smith Gibbons
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 4 weeks ago
Citation:
No. 11-6061 (B.A.P. 8th Cir. Feb. 1, 2012)
Ruling:
The Eighth Circuit affirmed the decision of the bankruptcy court denying a creditor's motion to determine his claim, on the grounds that the bankruptcy court lacked subject matter jurisdiction to...
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it...
Grossman v. Lothian Oil Inc. (In re Lothian Oil Inc.), Case No. 1050683, --- F.3d --- (5th Cir. 2011)
Ruling:
The Fifth Circuit held that a claim objection seeking to recharacterize debt to equity, which frequently concerns the same factors as equitable subordination, is a distinguishable concept. ...
Judge(s):
Jones, Higginbotham and Southwick. Opinion by Edith H. Jones, Chief Judge.
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...
