Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
14 years 4 months ago
Citation:
11-1068 (D.C. No. 1:10-01799-ZLW-MJW)
Ruling:
The automatic stay applies to all appeals of civil cases that were originally brought against the debtor, including appeals in which the debtor is the appellant. The Tenth Circuit Court of Appeals...
United States Court of Appeals for the First Circuit, Nos. 11-1364, 11-1386, November 1, 2011
Ruling:
The Court ruled that related, multi-count causes of action are deemed effectively abandoned under Bankruptcy Code section 554(c) by virtue of being "scheduled" and not administered by the close of...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 4 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 5 months ago
Citation:
State Bank of Texas v. Patel, No. 11-11268
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of State Bank of Texas ("Bank") and denial of the Patels' motion for judgment on the pleadings. The Eleventh Circuit found that (1)...
United States Court of Appeals for the Eighth Circuit, No. 10-2568
Ruling:
The court held that a purportedly secured lender's claims against non-debtor insiders of the borrower entity, which had been placed in federal court receivership, were not barred by the anti-suit...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 6 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
14 years 10 months ago
Citation:
2011 WL 1833240, No. 10-2306
Ruling:
In Buchman, the Seventh Circuit rejected any suggestion that the completion of a judicial sale makes an appeal related to the sale equitably moot. The Court noted that even where it would be...
