Simon v. FIA Card Services, N.A., No. 12-3293, 2013 WL 5508868 (3d Cir. Oct. 7, 2013)
Ruling:
Affirming in part and reversing in part the dismissal of the Debtors’ claims under the Fair Debt Collection Practices Act (the “FDCPA”) and remanding the case back to the United States...
Judge(s):
The Honorable Lee H. Rosenthal, the United States District Court for the Southern District of Texas, sitting by designation
The 9th Cir. BAP agreed with the Bankruptcy Court and held that an in rem order entered in a prior bankruptcy case was effective as to the real property previously owned by the Debtor / Appellant,...
Maritess Tamondong Mendaros v. JPMorgan Chase Bank, N.A. (In re Mendaros), BAP No. NC-12-1322-JuPaD (9th Cir. B.A.P. Oct. 2, 2013) (unpublished)
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court's order annulling the automatic stay and granting appellee JPMorgan Chase Bank's motion to validate a postpetition...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
12 years 8 months ago
Citation:
Case No. 12-4356-bk (2d Cir. September 17, 2013)
Ruling:
By Summary Order (with no precedential effect), the Court of Appeals affirmed the judgments of the lower courts. With respect to the dismissal of the fraud claim, the Court of Appeals held that...
Judge(s):
Reena Raggi, Gerard E. Lynch, Raymond j. Lohier, Jr., Circuit Judges
Summarized by Laura Bartell , Wayne State University Law School
12 years 9 months ago
Citation:
No. 12-6424 (6th Cir. Sept. 6, 2013)
Ruling:
Affirming decision of district court finding indemnification obligations for payments on performance bond insurance were non-dischargeable under 11 U.S.C. 523(a)(4). Court held that creditor...
Judge(s):
Cole and Donald, Circuit Judges, and Marbley, District Judge
Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
12 years 9 months ago
Citation:
RSM Richter, Inc., as Trustee for Aleris Aluminum Canada, L.P. v. Behr America, Inc., Case No. 12-2429 (6th Cir. September 5, 2013)
Ruling:
In an opinion recommended for publication, the Sixth Circuit reversed the district court’s order denying the debtor’s motion to reopen the debtor’s district court case against a customer, and...
The opinion is marked "Not Precedential".
Third Circuit Court of Appeals affirmed the bankruptcy and district courts holdings that law firm hired as special counsel to chapter 11 debtors was...
Judge(s):
Circuit Judges: Jordan, Vanaskie, Rakoff (designation)
District Court - Katharine S. Hayden