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THERMO CREDIT, LLC v DCA SERVICES, INC.,

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 2 months 3 weeks ago
Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

IN RE: HOAG URGENT CARE-TUSTIN, INC.

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 3 weeks ago
Citation:
BAP No. CC-18-1075-FLS (9th Circuit, Oct 11,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of bankruptcy court (CD Cal.) denying debtors' motion to extend exclusivity period for filing chapter 11 plan. Bankruptcy court order was not final, appealable...
Judge(s):
Faris, Lafferty, Spraker
Tag(s):

IN RE: LE

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 3 weeks ago
Citation:
BAP No. AZ-17-1308-BaFS (9th Circuit, Oct 22,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit affirmed judgment of bankruptcy court (D. Az.) in favor of plaintiff creditor on 11 USC 523(a)(6) claim. Defendant's conduct was tortious under Arizona state law and willful and...
Judge(s):
Bason, Faris, Spraker
Tag(s):

HSBC BANK USA, N.A. v CRUM

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 4 weeks ago
Citation:
No. 17-11206 (5th Circuit, Oct 17,2018) Published
Case Status:
Affirmed
Ruling:
5th Circuit affirmed district court (ND Tx.)'s grant of plaintiff's motion for summary judgment in foreclosure suit. Debtor defendant appealed to 5th Circuit. Plaintiff was valid holder of note...
Judge(s):
Stewart, Wiener, Higginson
Tag(s):

IN RE: HEYL

Citation:
No. 18-6001 (8th Circuit, Oct 18,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court did not err when dismissing the appellants' second nondischargeability complaint and denying appellants' subsequent motion for reconsideration. The bankruptcy court correctly...
Judge(s):
SALADINO, Chief Judge, DOW and SANBERG, Bankruptcy Judges
Tag(s):

IN RE: SWINTEK

  • Summarized by Thomas Phinney , Parkinson Phinney
  • 2 months 4 weeks ago
Citation:
No. 16-60003 (9th Circuit, Oct 22,2018) Published
Case Status:
Affirmed
Ruling:
11 U.S.C. § 108(c) tolled the period in which a judgment creditor could enforce a one-year “ORAP lien” encumbering the Debtor’s personal property under California Code of Civil Procedure...
Judge(s):
Kim McLane Wardlaw and Jay S. Bybee, Circuit Judges, and Harvey Bartle III, District Judge.
Tag(s):

BUNKER HOLDINGS LTD. v YANG MING LIBERIA CORP

  • Summarized by Lars Fuller , BakerHostetler
  • 2 months 4 weeks ago
Citation:
No. 16-35539 (9th Circuit, Oct 11,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part district court's (WD Wa.) summary judgment in favor of defendant vessel owner in bunker supplier's (marine fuel) suit for payment based on maritime...
Judge(s):
Smith, Watford, Rayes
Tag(s):

In re: GARCIA

Citation:
17-3247 (10th Circuit, Oct 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Chapter 13 Trustee argued that Cowen was wrongly decided. Citing the rule that absent en banc review or intervening Supreme Court precedent, one panel of the 10th Circuit cannot overturn the...
Judge(s):
Tymkovich, Chief Judge, Holmes, and Phillips, Circuit Judges
Tag(s):

IN RE: INSITE CORPORATION, INC.

Citation:
17-1436 (1st Circuit, Oct 05,2018) Published
Case Status:
Reversed and Remanded
Ruling:
The Pearlman doctrine (Pearlman v. Reliance Ins. Co., 371 U.S. 132, 141-42 (1962)), does not apply to the relationship at issue between the debtor-subcontractor and the contractor due to the...
Judge(s):
Torruella, Lipez, and Barron
Tag(s):

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