Home » Professional Practice Areas » Commercial Fraud

Morris Aviation, LLC v. Diamond Aircraft Industries, Inc.

  • Summarized by J. Debbeler , Graydon Head & Ritchey LLP
  • 8 years 8 months ago
Citation:
Sixth Circuit Case No. 12-6021
Ruling:
Airplane manufacturer's opinion of the "quality and reliability" of components was not a fraudulent or negligent misrepresentation where the component manufacturer filed bankruptcy and voided...
Judge(s):
Batchelder, Guy, and Boggs
Tag(s):

Robert G. Wing v. Bernard C. Buchanan, et al.

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 8 years 9 months ago
Citation:
U.S. Court of Appeals, 10th Circuit, Case No. 12-4123; Appeal from the U.S. District Court, District of Utah, Case No. 2:08-cv-00803
Ruling:
The 10th Circuit reversed the summary judgment order and remanded the case. At issue was the applicable statute of limitations. The limitations period under Utah's UFTA is four years from the...
Judge(s):
Briscoe, Chief Judge; Brorby, Senior Circuit Judge; and Murphy, Circuit Judge.
Tag(s):

Bank of America, N.A. v. James A. Knight, et al.

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 8 years 9 months ago
Citation:
Bank of America, N.A. v. James A. Knight, et al., Case No. 12-2698 (7th Cir. August 8, 2013)
Ruling:
Affirmed dismissal of all claims for failure to allege plausibly that the accountants knew that Knight’s “primary intent” was to benefit the particular plaintiff Bank. Under federal and state...
Judge(s):
EASTERBROOK, Chief Judge, and BAUER and KANNE, Circuit Judges
Tag(s):

Galindo v. Whited (In re Galindo)

  • Summarized by Dean Rallis , Hahn & Hahn, LLP
  • 8 years 10 months ago
Citation:
BAP No. SC-12-1272-BaPaJu; Bk No 10-12794 MM7; Adv. No 10-90473 (not appropriate for publication)
Ruling:
The Ninth Circuit BAP affirmed the Bankruptcy Court's judgment awarding attorney fees and costs to the plaintiff creditor as the prevailing party in a non-dischargeability action against the...
Judge(s):
BASON, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

U.S. v. Rothstein (In re Rothstein, Rosenfeldt, Adler, P.A.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 8 years 11 months ago
Citation:
717 F.3d 1205 (11th Cir. 2013)
Ruling:
Judgment of District Court vacated and remanded. Where proceeds of Ponzi scheme were commingled with law firm's legitimate income in bank account in name of law firm, Government precluded as a...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge (sitting by designation)
Tag(s):

Reingold v. Shaffer (In re Reingold)

  • Summarized by James Webster , Law Office of James Portman Webster, PLLC
  • 9 years 2 months ago
Citation:
(NOT FOR PUBLICATION) BAP NO. CC-12-1112-PaDKI & CC-12-1141-PaDKi
Ruling:
The Ninth Circuit BAP Affirmed the bankruptcy court judgment which excepted from discharge, under 11 USC 523(a)(2)(A), a debt for $76,000 and discharged a debt for $50,000 based upon the dates of...
Judge(s):
Pappas, Dunn and Kirscher
Tag(s):

Diamond v. Vickery (In re Vickery)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 9 years 2 months ago
Citation:
No. 10-41118 (B.A.P. 10th Cir. Mar. 13, 2013)
Ruling:
Reversing and remanding in part, the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit held that, contrary pretrial order of the bankruptcy court (“BC”), a trustee was not required...
Judge(s):
Karlin, Somers, and Mosier (sitting by designation), bankruptcy judges.
Tag(s):

Rajala v. Gardner

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 months ago
Citation:
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Judge(s):
Kelly, Murphy, and Tymkovich
Tag(s):

The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

Citation:
No. 12-60234 (January 7, 2013)
Ruling:
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Tag(s):

Coyer v. HSBC Mortgage Services, Inc.

  • Summarized by James Bailey , Butler Snow LLP
  • 9 years 5 months ago
Citation:
12a0396p.06
Ruling:
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
Judge(s):
Merritt, Martin and Gilman
Tag(s):

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