World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling:
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of...
Judge(s):
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
10 years 1 month ago
Citation:
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling:
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman...
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit...
The BAP for the 9th Circuit reversed the ruling of the bankruptcy court (D. Or.) finding appellants in contempt for violating debtor's discharge injunction, finding the bankruptcy court erred by...
In re Jepson, No. 14-2459 (7th Cir. April 15, 2016) (unpublished).
Ruling:
A motion to stay this court’s mandate pending final disposition of the litigation in the Supreme Court was denied because the movant intended to raise an issue of constitutional standing in her...
Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
Ruling:
1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract.
2. The lender perfected it's lien on the vendor's interest by recording a mortgage in...
Summarized by Matthew Hale , Stichter, Riedel, Blain & Postler, PA
10 years 1 month ago
Citation:
Rosenberg v. DVI Receivables XIV, LLC, — F.3d —, No. 14-14620 (11th Cir. April 8, 2016)
Ruling:
The Eleventh Circuit held that the Federal Rules of Bankruptcy Procedure govern cases “arising under” the Bankruptcy Code, even if tried in a federal district court. The court specifically...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
10 years 1 month ago
Citation:
In re Murtaza, No. CC-15-1075-KuFTa (9th Cir. B.A.P. Feb. 4, 2016).
Ruling:
A bankruptcy court may not grant summary judgment in a 727(a)(4)(A) action absent the debtor’s admission that she knowingly and fraudulently made errors and omissions in her schedules and...
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Laura S. Taylor, Bankruptcy Appellate Panel Judges.
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 1 month ago
Citation:
14 C 5008
Ruling:
The 7th Circuit examined the factual underpinning of the case, including the fact that the Plaintiffs had been satisfied with Collazo's evasive responses to inquiries about their investments, had...
The bankruptcy court correctly denied Chapter 13 Debtor permission to re-litigate a dispute with Bank of America concerning chain of title issues with a residential deed of trust. The Debtor had a...
