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Yerian v. Webber (In re: Verian)

Summarizing by Kathleen DiSanto

HSBC BANK USA, N.A. v CRUM

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

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

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):

THE BANK OF NEW YORK MELLON v. LANE

Citation:
NC-16-1405-BSTa (9th Circuit, Sep 19,2018) Published
Case Status:
Reversed
Ruling:
The bankruptcy court erred in voiding a holder's first priority deed of trust. The order upholding the debtor's objection to the holder's proof of claim was not a ruling on the merits as to the...
Judge(s):
BRAND, SPRAKER and TAYLOR, Bankruptcy Judges
Tag(s):

AMERICAN AIRLINES, INC. v. MAWHINNEY

Citation:
16-56643 (9th Circuit, Sep 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Judge(s):
Berzon, Smith, Castel
Tag(s):

IN RE: ENERGY FUTURE HOLDINGS CORP., et al,

Citation:
18-1109 (3rd Circuit, Sep 13,2018) Published
Case Status:
Affirmed
Ruling:
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
Tag(s):

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