BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
11 years 1 month ago
Citation:
Nos. 14‐97‐bk(L) (August Term 2014)
Ruling:
The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer...
Donner. v. Nicklaus, Appeal No. 13-4057 (10th Cir. February 19, 2015)
Ruling:
The Court of Appeals reversed a district court decision dismissing misrepresentation and other claims, and found that creditor's settlement with debtor in bankruptcy did not constitute an...
Clear Sky Properties, LLC v. Roussel (In re Roussel), No. 14-1150 (8th Cir. October 3, 2014)
Ruling:
Eighth Circuit dismissed debtor's appeal for lack of jurisdiction pursuant to 28 USC 158. Eighth Circuit ruled that district court decision, reversing bankruptcy court and remanding for...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 6 months ago
Citation:
File name 14a0745n.06; Docket No. 13-3402
Ruling:
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
USA v. Robinson, Jr. (In re Robinson, Jr.)., 6th Cir. Court of Appeals, (No. 13-5857), August 22, 2014
Ruling:
The 6th Circuit Court of Appeals affirmed the district court’s judgment that 18 U.S.C. § 3613 supersedes the automatic stay and allows the government to enforce restitution orders against...
Judge(s):
COLE, Chief Judge; GRIFFIN, Circuit Judge; PEARSON, District Judge.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 8 months ago
Citation:
Heide v. Heide (In re Juve), 8th Cir. Court of Appeals, No. 13-2054 (July 31, 2014)
Ruling:
The Court of Appeals for the 8th Circuit reversed the Bankruptcy Appellate Panel (BAP), which found that the bankruptcy court clearly erred in its factual findings, and directed reinstatement of...
Judge(s):
SMITH, BEAM, and BENTON, Circuit Judges. Judge Smith wrote the opinion
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
11 years 8 months ago
Citation:
11th United States Court of Appeals case number 12-11161 [will be published]
Ruling:
The United States Court of Appeals for the Eleventh Circuit affirmed the decision of the United States District Court for the Southern District of Florida
Judge(s):
Circuit Judges Anderson and Gilman and District Judge Johnson, sitting by designation.
Cherry v. Neuschafer (In re Neuschafer), No. KS-13-1030 & KS-13-1035 (BAP 10th Cir. June 12, 2014)
Ruling:
BAP affirmed bankruptcy court judgment applying issue preclusion to except from discharge state court fraud in the inducement judgment. BAP also affirmed bankruptcy court's judgment not to except...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
11 years 10 months ago
Citation:
United States ex rel. Spicer v. Navistar Defense, LLC (In re Westbrook), Case No. 12-10858 (5th Cir. May 5, 2014).
Ruling:
Chapter 7 Trustee of whistleblower / debtor’s estate had exclusive standing to prosecute a qui tam False Claims Act against manufacturer of military vehicles when debtor failed to disclose the...
Judge(s):
Jerry Edwin Smith, Edward C. Prado and Jennifer Walker Elrod.
