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Badami v. Sears (In re AFY, Inc.)

Citation:
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
Judge(s):
Kressel, Schermer, and Venters
Tag(s):

Nicholas v. Allianceone Receivables Management, Inc.

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 14 years 4 months ago
Citation:
11-13764; D.C. Docket No. 0:10-cv-60783-KMM
Ruling:
The Eleventh Circuit Court of Appeals affirmed the District Court's holding that where a consumer prevails in a lawsuit brought under the Fair Debt Collection Practices Act, the consumer may not...
Judge(s):
Dubina, Pryor and Kravitch
Tag(s):

In re Holly Marine Towing, Inc.

  • Summarized by Bonnie Clair , U.S. Bankruptcy Court
  • 14 years 5 months ago
Citation:
In re Holly Marine Towing, Inc., ---- WL ----, No. 11-1787 (7th Cir. Jan. 6, 2012)
Ruling:
The Court ruled that, notwithstanding the appellant's standing as the holder of an allowed Chapter 11 administrative claim against the now-converted debtor to seek to have an order approving a...
Judge(s):
Bauer, Manion, Kane
Tag(s):

Sutter v. U.S. National Bank (In re Sutter)

Citation:
Case No. 09-11816 (6th Cir., Jan. 3, 2012)
Ruling:
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
Judge(s):
Cole, Batchelder, Siler, Circuit Judges.
Tag(s):

Central States, Southeast and Southwest Areas Pension Fund v. SCOFBP, LLC

Citation:
Case No. 10-3633 (7th Cir., Dec. 27, 2011)
Ruling:
In Central States, the Seventh Circuit affirmed the district court's ruling that held that two solvent business entities were under "common control" with an insolvent company and thus liable for...
Judge(s):
Easterbrook, Tinder, and Hamilton
Tag(s):

Lange v. Mutual of Omaha Bank (In re Negus-Sons, Inc.)

  • Summarized by Mark Bossi , Thompson Coburn LLP
  • 14 years 5 months ago
Citation:
8th Circuit BAP, No. 11-6062 (December 22, 2011)
Ruling:
The 8th Circuit BAP rules that an amendment to a UCC financing statement filed by a third-party was authorized and effective in terminating a lender's security interest in the debtor's personal...
Judge(s):
KRESSEL, Chief Judge, SCHERMER, and VENTERS.
Tag(s):

In re Ingram

  • Summarized by James Morgan , Howard & Howard Attorneys PLLC
  • 14 years 5 months ago
Citation:
In re Ingram, ___ B.R. ___ (B.A.P. 6th Cir. 2011)
Ruling:
The Bankruptcy Appellate Panel of the Sixth Circuit (the "6th Cir. BAP") affirmed a bankruptcy court's dismissal of a chapter 13 bankruptcy case pursuant to 11 U.S.C. § 1307, where the debtor did...
Judge(s):
Boswell, Fulton, and McIvor, Bankruptcy Appellate Panel Judges
Tag(s):

TLP Services, LLC v. Stoebner (In re Polaroid Corp.)

Citation:
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
On appeal, a creditor claimed the bankruptcy court had misapplied the three part test of Martin v. Commodity Credit Corporation (In re Martin), 761 F.2d 472 (8th Cir 1985), in permitting the use of...
Judge(s):
Federman, Venters, and Nail, Bankruptcy Judges, opinion by Nail.
Tag(s):

Astro Building Supplies, Inc. v. Slavik

  • Summarized by Nicholas Miller , McDonald Hopkins LLC
  • 14 years 5 months ago
Citation:
Case No. 10-2206 (6th Cir., Dec. 12, 2011)
Ruling:
In affirming the lower courts’ rulings in favor of debtor Frank Slavik ("Slavik"), the Sixth Circuit held that (i) creditor Astro Building Supplies, Inc. ("Astro") had not met its burden of...
Judge(s):
Siler, Kethledge, Adams (sitting by designation)
Tag(s):

U.S. Bank National Association v. Barbee (In re Barbee)

  • Summarized by Dean Langdon , Gartland Thacker DelCotto PLLC
  • 14 years 5 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
Tag(s):

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