Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 7 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
Reversed and Remanded. In a very detailed examination of principles of contract interpretation, the Fifth Circuit held lender's ability to collect fees from Chapter 13 estate is governed by loan...
Banks v. Kondaur (In re Banks) Case No. 11-6025 - 8th Circuit (BAP October 2011)
Ruling:
Reverse and remand to bankruptcy court its previous summary judgment in favor of Defendant Kondaur Mortgage Corp. Specifically, in this case, because there was a material issue of fact regarding...
Judge(s):
Venters, Federman and Saladino - Bankruptcy Judges for the BAP.
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 8 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
The Panel affirmed the Bankruptcy Court’s decision stating that the Bank made a unilateral mistake by bidding the entire amount owed to it by the Debtor at a Michigan foreclosure sale and that it...
Danduran v. Kaler, No. 10-6042 (B.A.P. 8th Cir. 2010).
Ruling:
A debtor may engage in pre-bankruptcy planning to convert non-exempt assets to exempt assets if the record shows that the debtor's conversion was absent of fraudulent intent.
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 9 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 9 months ago
Citation:
File Name: 11a0606n.06; Sixth Circuit Court of Appeals Case no. 09-1087; Not Recommended for Full-Text Publication
Ruling:
The Sixth Circuit Court of Appeals affirmed the bankruptcy court rulings on the Title Claim, the Woods Claim and the Sanctions Award (all defined below). The Court of Appeals held that the Rankins...
Judge(s):
Opinion by Judge Lesley Wells, District Judge for the Northern District of Ohio, sitting by designation.
Affirming the judgments of the BAP and Bankruptcy Court, the Eighth Circuit held that where a debtor's required monthly student loan repayment under the Income Contingency Payment Program (ICRP)...
Judge(s):
Wollman, Murphy, and Colloton, Wollman for the majority, Colloton concurring.
