No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling:
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
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.
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
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...
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...
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...
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...
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.
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...
