Holt Texas v. Zayler (In the Matter of T.S.C. Seiber Services)

Citation:
--- F.3d ---, Case No. 13-41153 (5th Cir. Nov. 3, 2014)
Ruling:
REVERSED judgment of the District Court: "Simply depositing interpleader funds does not automatically mean that the funds have been legally accepted, ownership thereof transferred, and the...
Judge(s):
Jolly, Southwick and Haynes; Opinion by E. Grady Jolly
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):

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

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

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):

Crawford v. Franklin Credit Mgmt Corp.

Citation:
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling:
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...
Judge(s):
Kearse, Jacobs, and Lynch
Tag(s):

Federal Deposit Ins. Corp v. Siegel (In re Indymac Bancorp, Inc.)

Citation:
FDIC v. Siegel (In re IndyMac Bancorp, Inc.), No. 12-56218 (9th Cir. Apr. 21, 2014)
Ruling:
The Ninth Circuit affirmed the district and bankruptcy courts' decision determining that over $55 million in tax refunds were property of IndyMac's Bancorp, Inc.’s (the “Debtor”) estate. In...
Judge(s):
Fernandez, N.R. Smith, and Murguia, Circuit Judges
Tag(s):

Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC)

Citation:
Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
Ruling:
The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the...
Judge(s):
Pappas, Taylor, and Kurtz
Tag(s):

Gross v. Commissioner of Internal Revenue, Case No. 12-72279 (9th Cir. Feb. 25, 2014) (unpublished)

Citation:
Gross v. Commissioner of Internal Revenue, Case No. 12-72279 (9th Cir. Feb. 25, 2014) (unpublished)
Ruling:
An IRS tax lien under I.R.C. §6321 that attached to debtor’s interest in an ERISA-qualified pension plan, which was not property of the debtor's bankruptcy estate, was not affected by the...
Judge(s):
Callahan and M. Smith, Circuit Judges, and Korman, Senior District Judge
Tag(s):

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