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Mwangi v. Wells Fargo Bank (In the Matter of Mwangi)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 6 months ago
Citation:
Case No. 12-16087
Ruling:
The Ninth Circuit panel determined, as a matter of law, that Wells Fargo Bank was not liable for sanctions for intentional violation of stay for placing a "temporary administrative pledge" on four...
Judge(s):
Silverman, B.; Fletcher, W.; Bybee, J. Opinion by Judge Bybee.
Tag(s):

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 11 years 6 months ago
Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Tag(s):

Picard v. Fairfield Greenwich; Picard v. Schneiderman

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 11 years 6 months ago
Citation:
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...
Judge(s):
SACK, CHIN, and DRONEY, Circuit Judges
Tag(s):

Borm v. CitiMortgage, Inc. (In re Borm)

Citation:
CitiMortgage, Inc. v. Borm (In re Borm), Case No. 13-6065 (B.A.P. 8th Cir. Apr. 2, 2014)
Ruling:
Bankruptcy court abused its discretion in denying mortgage creditor's request for relief from automatic stay when debtors missed significant number of post-petition mortgage payments contrary to...
Judge(s):
Federman, Schermer, and Nail
Tag(s):

Aftandilian v. Prestige Management Group, LLC

Citation:
Slip Copy, 2014 WL 1244789 (9th Cir.BAP (Cal.) (not appropriate for publication)
Ruling:
The Bankruptcy Appellate Panel first found that though Creditor had taken various steps in reliance of the completed nonjudicial sale, the appeal was not moot. The BAP also concluded that the...
Judge(s):
Kurtz, Pappas, Tayor
Tag(s):

Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A.

  • Summarized by Andrea O'Connor , Hendel & Collins, P.C.
  • 12 years 6 days ago
Citation:
Eldorado Canyon Properties, LLC v. JPMorgan Chase Bank, N.A. Ch. 7 Case No. 13-12878-FJB, BAP No. MB 13-042 (B.A.P. 1st Cir. Feb. 25, 2014)
Ruling:
Debtor lacked standing to pursue appeal because the there was no equity in the subject property, the Debtor's discharge was not implicated, and Debtor failed to show he was a "person aggrieved" in...
Judge(s):
Kornreich, Tester, and Finkle
Tag(s):

Mauriello v. Great American E and S Insurance Company

  • Summarized by Laura Bartell , Wayne State University Law School
  • 12 years 1 month ago
Citation:
No. 13-5469 (6th Cir. Jan. 30, 2014)
Ruling:
Affirming decision of district court for the E.D. Tenn., court of appeals held that Tennessee prohibition of direct actions against insurer before insured is held liable bars creditor from suing...
Judge(s):
Batchelder and Griffin, circuit judges, and Bell, district court judge sitting by designation.
Tag(s):

Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie)

Citation:
Grant, Konvalinka & Harrison, P.C. v. Still (In re Bowers), Nos. 12-6374/6375 (6th Cir. Dec. 17, 2013)
Ruling:
The decision of the district court was affirmed. (1) Though the bankruptcy court's order extending the automatic stay referred to Section 362(e)(1), no preliminary hearing was required because...
Judge(s):
Boggs, Clay, and Gilman
Tag(s):

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