Coquina Investments v. TD Bank

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.
Tag(s):

Cherry v. Neuschafer (In re Neuschafer)

Citation:
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...
Judge(s):
Romero, Jacobvitz, and Hall
Tag(s):

Spicer v. Navistar Defense (In re Westbrook)

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.
Tag(s):

Krys v. Pigott

Citation:
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling:
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty;...
Judge(s):
Kearse, Pooler, and Livingston
Tag(s):

Adelphia Recovery Trust v. Goldman

Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Sharp v. Bryan Cave LLP (In the Matter of Estate Financial Mortgage Fund, LLC)

Citation:
Case Nos. 12-56009 and 12-56011 (9th Cir. Mar. 24, 2014) [Not for Publication]
Ruling:
In an unpublished memorandum decision, the Ninth Circuit reversed the district court and remanded for further proceedings, holding as follows. Under California law, a client who engages in...
Judge(s):
Farris, N.R. Smith, Watford
Tag(s):

Sachan v. Huh (In re Huh)

Citation:
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling:
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would...
Judge(s):
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
Tag(s):

Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Judge(s):
Ginsburg, Henderson and Brown
Tag(s):

Kaler v. Bala (In re Racing Services, Inc.)

Citation:
Kaler v. Bala (In re Racing Services, Inc.), Case No. 13-1086 (8th Cir. February 27, 2014)
Ruling:
Bankruptcy court award of the cash value proceeds of a former employee's life insurance policy to her employer (the debtor) was reversed by the Eighth Circuit on the grounds that the debtor held...
Judge(s):
Riley, Melloy, and Kelly
Tag(s):

Brown v. Bank of America N.A. - (In re Brown)

Citation:
In Re Brown, 9th Cir. B.A.P. WW-13-1170-TaKUD, (December 13, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion to a companion appeal (BAP No. 12-1534) by the debtor, the 9th Circuit Bankruptcy Appellate Panel, affirmed the ruling by the bankruptcy court, when it held that it lacked...
Judge(s):
Taylor, Kurtz, and Dunn
Tag(s):

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