Ortiz v. Aurora Health Care, Inc. (In re Ortiz), Case No. 10-3465 (7th Cir., Dec. 30, 2011)
Ruling:
Relying upon Stern v. Marshall, the Seventh Circuit held that the bankruptcy court did not have constitutional authority to issue a final judgment in adversary proceedings involving claims defined...
Judge(s):
Daniel Tinder (7th Circuit), Ann Williams (7th Circuit), Joan Gottschall (Northern District of Illinois)
In affirming the district courts’ rulings in favor of debtors Daniel and Sheryl Sutter (the "Debtors"), the Sixth Circuit held that (i) an equitable mortgage does not exist on the Debtors...
In affirming the lower courts’ rulings in favor of debtor Frank Slavik ("Slavik"), the Sixth Circuit held that (i) creditor Astro Building Supplies, Inc. ("Astro") had not met its burden of...
Reaffirmation agreements, entered into upon assumption that lender held a properly perfected mortgage and vehicle lien (which was later proved to be a false assumption), was unenforceable under...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 5 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
Ninth Circuit: Bankr. Case No. No. 10-60036; BAP No. 09-1343 (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
BAP’s affirmance of the Bankruptcy Court’s summary judgment dismissal on the merits affirmed. BAP's affirmance of the Bankruptcy Court’s denial of sanctions and contempt affirmed.
The Eleventh Circuit Court of Appeals affirmed the District Court and Bankruptcy Court's holding that "an over secured creditor is only entitled to the contract rate of interest [on its allowed...
Judge(s):
Dubina (Chief Judge), Cox (Circuit Judge), and Hunt (District Judge).
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Judge Posner, writing for the court, held for the trustee. The court found that the trustee had done due diligence in reaching a settlement of $100,000 with Indiana University because the...
