Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
10 years 9 months ago
Citation:
No. 14-7048 : Stevenson v. First Am. Title Ins. Co. (D.C. Cir., 2015)
Ruling:
Affirming the Bankruptcy and District Courts that mortgagor, with actual knowledge of flaws in its execution of the controlling documents, is entitled to equitable subrogation as a matter of D. C....
Judge(s):
Senior Circuit Judge David B. Sentelle, Circuit Judges Thomas B. Griffith and Brett N. Kavanaugh. The Opinion for the Court filed by Judge Kavanaugh.
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by...
Summarized by Cara Murray , Whiteford Taylor Preston LLP
11 years 3 months ago
Citation:
No. 13-2116 (4th Cir. Dec. 12, 2014)
Ruling:
Affirming that the trustee in bankruptcy may not recover the approximately $28 million transferred by the debtor to the IRS during the 90 days preceding the filing of the bankruptcy petition where...
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
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;...
Summarized by Laura Bartell , Wayne State University Law School
11 years 6 months ago
Citation:
No. 13-2126 (6th Cir. Sept. 15, 2014)
Ruling:
Sixth Circuit affirmed grant of summary judgment by district court in favor of defendants in case brought by chapter 13 debtor against (among others) holder of mortgage who foreclosed on...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
11 years 6 months ago
Citation:
Case No. 13-4195 (6th Cir. 2014)
Ruling:
Cause of action belonging to debtor's wholly owned corporation is not asset of estate where cause of action did not accrue until after commencement of the debtor's bankruptcy case.
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
11 years 7 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 7 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...
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'...
