Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 5 months ago
Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 6 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Case No. 10-4456 (3d Cir. Sept. 21, 2011) (Precedential)
Ruling:
The Third Circuit reversed the decision of the United States District Court for the Western District of Pennsylvania granting summary judgment to the defendants, officers and directors of debtor...
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 7 months ago
Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo.
If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 7 months ago
Citation:
(No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)
Ruling:
(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 7 months ago
Citation:
No. 10-2757 (8th Cir. Aug. 30, 2011)
Ruling:
Affirming the District Court’s grant of summary judgment, the Eighth Circuit held that Green Tree Servicing, LLC (“Green Tree”) could vacate an office building it subleased (the...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 7 months ago
Citation:
File Name: 11a0606n.06; Sixth Circuit Court of Appeals Case no. 09-1087; Not Recommended for Full-Text Publication
Ruling:
The Sixth Circuit Court of Appeals affirmed the bankruptcy court rulings on the Title Claim, the Woods Claim and the Sanctions Award (all defined below). The Court of Appeals held that the Rankins...
Judge(s):
Opinion by Judge Lesley Wells, District Judge for the Northern District of Ohio, sitting by designation.
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 8 months ago
Citation:
No. 10-10617
Ruling:
1. The District Court acted within its power when it issued a preliminary injunction prior to deciding an outstanding motion to compel arbitration.
2. The District Court did not abuse its...
