Summarized by Laura Bartell , Wayne State University Law School
14 years 4 days ago
Citation:
2012 Fed. App. 0003P (6th Cir. BAP March 15, 2012)
Ruling:
Bankruptcy court abused its discretion in dismissing complaint to determine dischargeability of debt "with prejudice" when motion to dismiss sought dismissal "without prejudice".
Affirming bankruptcy court's denial of Bank's motion for permission to file late clam. Holding: Bankruptcy court did not abuse its discretion in finding that Bank failed to show that failure to...
The Ninth Circuit ordered the remand back to Nevada state court of a "parens patriae" lawsuit brought by the State of Nevada, alleging that (1) Bank of America misled Nevada consumers about the...
Judge(s):
REINHARDT, WARDLAW, and CALLAHAN, Circuit Judges.
Opinion by Judge WARDLAW
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
14 years 3 weeks ago
Citation:
11th Circuit Court of Appeals case number 11-12061 (unpublished)
Ruling:
The United States District Court did not abuse its discretion when it dismissed the Debtor's appeal for failure to pay the filing fee or to seek leave to proceed in forma pauperis.
Because two Illinois state court cases can be "timely adjudicated" in Illinois state court, abstention is mandatory under section 1334(c)(2) of Title 28. Thus, the federal district court's...
Judge(s):
Cabranes and Wesley, Circuit Judges, and Koeltl, District Judge
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 1 month ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
14 years 1 month ago
Citation:
D.C. No. 2:09-cv-02937 (9th Cir., February 9, 2012)
Ruling:
The Ninth Circuit held that a bankruptcy court order, which denied a motion made by affiliates of the debtor for turnover of records held by the debtor's trustee, was an interlocutory order, not a...
The Fourth Circuit Court of Appeals (the “Circuit Court”) ruled that the claims of Plaintiffs-Appellants James Mark McDaniel, Jr. and Dr. C. Richard Epes (collectively, “Appellants”)...
Summarized by Walter Kelley , Kelley, Lovett, Blakey & Sanders, P.C.
14 years 1 month ago
Citation:
11- 10231 (11th Cir. Feb. 7, 2012) (Unpublished)
Ruling:
The Chapter 7 trustee for a debtor parent company could not bring a breach-of-contract action against an insurance company for failing to honor a claim submitted by the company’s wholly owned...
The 10th Circuit Court of Appeals ruled in favor of creditor Bank of America ("BAC" or "Creditor"), as successor in interest to Countrywide Financial, affirming the judgment of the district court.
