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Summarizing by J Newman

Soto-Rios v. Banco Popular de Puerto Rico

Citation:
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Judge(s):
Judges Lipez, Ripple and Howard, Circuit Judges.
Tag(s):

Seaver v. New Buffalo Auto Sales, LLC (In re Hecker)

Citation:
Case No. 11-6007 (8th Cir. Oct. 20, 2011)
Ruling:
The Court ruled that because there was no equity in the real property at issue on the petition date, judgment liens held by certain judgment holders, who ended up recovering on their judgment liens...
Judge(s):
Schermer, Vetners, and Nail
Tag(s):

In re Longview Aluminum, L.L.C.

Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo. If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
Tag(s):

Lange v. Inova Capital Funding, LLC (In re Qualia Clinical Service, Inc.)

Citation:
No 11-1201
Ruling:
Eighth Circuit held that the affirmative defense of 547(c)(5) is unavailable to creditors not holding a perfected security interest at the onset of the preference period. The court explained that...
Judge(s):
Colloton, Clevenger, and Benton
Tag(s):

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