Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 9 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.
(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...
Dickson v. Countrywide Home Loans (In re Dickson), Case No. 10-5580 (6th Cir. August 26, 2011)
Ruling:
Sixth Circuit affirmed Bankruptcy Appellate Panel and Bankruptcy Court's ruling that Chapter 13 debtor had proper standing and could avoid as a preferential transfer a lien on debtor's mobile home...
Judge(s):
Norris, Gibbons and Griffin (Sixth Circuit); Jospeh M. Scott, Bankruptcy Judge.
Summarized by Thomas Horan , U.S. Bankruptcy Court
14 years 9 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Summarized by Dean Langdon , Gartland Thacker DelCotto PLLC
14 years 9 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File Name: 11a0606n.06; Sixth Circuit Court of Appeals Case no. 09-1087; Not Recommended for Full-Text Publication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.
A bankruptcy court's approval of a settlement will be upheld unless no reasonable person could agree with the decision to approve the settlement. Deference is given to the court that has overseen...
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Summarized by Gregory Hesse , Hunton Andrews Kurth LLP
14 years 10 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...
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
