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Dow Corning Corp. v. Claimants' Advisory Committee (In re Settlement Facility Dow Corning Trust)

  • Summarized by Gregory Guest , Dickinson Wright, PLLC
  • 13 years 1 month ago
Citation:
Case No. 11-2632 (6th Cir. March 8, 2013)
Ruling:
The Funding Agreement is unambiguous. Dow is entitled to Time Value Credits only where expressly provided for by the Funding Agreement, rather than for every payment made. Time Value Credits under...
Judge(s):
Batchelder, Chief Judge; McKeague and Griffin, Circuit Judges. Opinion by McKeague, Circuit Judge.
Tag(s):

Fire Eagle L.L.C. v. Bischoff (In re Spillman Development Group, Ltd.)

Citation:
5th Cir. Court of Appeals - Case No. 11-51057
Ruling:
The Court of Appeals AFFIRMED the District Court's ruling, which affirmed the bankruptcy court's ruling that granted the summary judgment of two consolidated matters.
Judge(s):
Circuit Court Judges REAVLEY, DENNIS and CLEMENT.
Tag(s):

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Citation:
No. 12-10271 (5th Cir. February 26, 2013).
Ruling:
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
Judge(s):
Higginbotham, Clement, and Haynes.
Tag(s):

Clinton Growers v. Pilgrim's Pride Corp. (In re Pilgrim's Pride Corp.)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 13 years 2 months ago
Citation:
Case No. 12-10063 (5th Cir. January 31, 2013)
Ruling:
AFFIRMED bankruptcy court's grant of summary judgment for Pilgrim's Pride Corporation ("PPC") on the ground that written contracts between PPC and Clinton Growers barred the alleged oral promises...
Judge(s):
DeMoss, Southwick, and Higginson, Circuit Judges
Tag(s):

State Bank of Florence v. Miller (In re Miller)

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 13 years 3 months ago
Citation:
File name: 13a0134n.06; Case No. 11-2357
Ruling:
Unpublished opinion affirming the Sixth Circuit BAP, which affirmed bankruptcy court rulings denying bank's motion for relief from the automatic stay and its objection to confirmation of the...
Judge(s):
Cook, Stranch and Stamp (Dist. Judge, N.D. WV); opinion by Stranch
Tag(s):

Deckard v. Interstate Bakeries Corp. (In re Interstate Bakeries Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 13 years 3 months ago
Citation:
Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)
Ruling:
Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...
Judge(s):
Eighth Circuit Judges Bye, Gruender, and Shepherd.
Tag(s):

Royal v. First Interstate Bank (In re Trierweiler)

Citation:
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Judge(s):
Thurman, Brown and Somers.
Tag(s):

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation:
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling:
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Tag(s):

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