Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
Judge(s):
Winter, Wesley and Carney
Tag(s):

State Bank of Toulon v. Covey (In re Duckworth)

Citation:
In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
Ruling:
Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation...
Judge(s):
Flaum, Rovner, Hamilton
Tag(s):

Stalnaker v. Allison (In re Tri-State Financial, LLC)

Citation:
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling:
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand;...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Mastro v. Rigby

Citation:
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling:
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent...
Judge(s):
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Tag(s):

Levin v. Miller

Citation:
App. No. No. 12-3474 (7th Circuit Court of Appeals) - August 14, 2014
Ruling:
The Seventh Circuit held that the derivative claims held by the trustee of a bankrupt bank holding company against former managers were assigned by federal law to the FDIC, and upheld the district...
Judge(s):
Wood, Easterbrook, Hamilton (Opinion by Easterbrook; concurrence by Hamilton).
Tag(s):

Geron v. Seyfarth Shaw LLP (In re Thelen LLP)

Citation:
Docket No. 12‐4138‐bk (2d Cir. Aug. 6, 2014)
Ruling:
After receiving the response of the New York Court of Appeals to two certified questions, the Second Circuit affirmed the decision of the United States District Court for the Southern District of...
Judge(s):
Lynch, Chin, and Carney
Tag(s):

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

Citation:
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling:
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her...
Judge(s):
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Tag(s):

Menotte v. US (In re Custom Contractors, LLC)

Citation:
2014 WL 1226852
Ruling:
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the...
Judge(s):
Chief Judge Carnes, Judges Wilson and Fay.
Tag(s):

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