Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

Credit One Corpv. Naoom ( In re Naoom)

Citation:
BAP NO. SC-16-1066, Bk. No. 15-02484-LT7 (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
Judge(s):
Jury, Faris, and Yun
Tag(s):

Mack v. ResCap Borrower Claims Trust

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action. 2, Proof of claim for debtor's failure to timely respond under RESPA was...
Judge(s):
Winter, Cabranes, Lynch
Tag(s):

McGarry & McGarry, LLC v. Rabobank, N.A.

Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

Khan v. Barton (In re Khan)

Citation:
No. 15-60002 - 15-60007 (6 related appeals) (9th Circuit, Jan 23,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit held that the claim of a former shareholder with a fraud judgment against the principals of corporation was not subject to subordination under 11 U.S.C. § 510(b), and that the...
Judge(s):
Diarmuid F. O'Scannlain, Ferdinand F. Fernandez, and Johnnie B. Rawlinson
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

In re Kupfer, No. 14-16697 (9th Cir. Dec. 29, 2016)

Citation:
No. 14-16697 (9th Circuit, Dec 29,2016) Published
Case Status:
Reversed and Remanded
Ruling:
502(b)(6) cap applies to attorney fees for litigating lessor's claim for future, but not past, rent.
Judge(s):
Susan P. Graber and Mary H. Murguia, Circuit Judges, and Mark W. Bennett, District Judge for the Northern District of Iowa, sitting by designation. Opinion by Judge Graber.
Tag(s):

Lovegrove v. Ocwen Home Loans Servicing, L.L.C.

Citation:
No. 15-2158 (4th Circuit, Dec 20,2016) Not Published
Case Status:
Affirmed
Ruling:

The court employed a "commonsense inquiry" to determine whether the communication constitutes an attempt to collect a debt.  Judge Shedd concluded that "the communications were for...

Judge(s):
Before Judges Shedd, Keenan and Senior Judge Davis
Tag(s):

Guthrie v. 11 East 36th, LLC (In re 11 East 36th, LLC)

Citation:
16-1233, --- Fed.Appx. ----, 2016 WL 7323983 (2nd Circuit, Dec 16,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed District Court judgment affirming Bankruptcy Court expunging claim and District Court declining to consider constructive trust argument. Court determined that: a.) creditor lacked...

Judge(s):
DENNIS JACOBS, JOSÉ A. CABRANES, BARRINGTON D. PARKER,
Tag(s):

Aventine Renewable Energy, Inc. v. Glacial Lakes Energy, LLC

Citation:
Nos. 16-1690, -1692 (7th Circuit, Dec 14,2016) Not Published
Case Status:
Reversed and Remanded
Ruling:

In a pithy opinion by Judge Posner, the Court found that applicable New York law prohibits a party from obtaining the benefits  of a contract while failing to shoulder the burdens of that...

Judge(s):
Wood, Posner, Rovner
Tag(s):

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