Avila v. CitiMortgage, Incorporated, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling:
(1) A provision in a mortgage contract that places the proceeds from a homeowner’s insurance claim with the lender during repair and restoration does not create a fiduciary relationship between...
Lariat Companies, Inc. v. Wigley (In re Wigley), No. 14-6043 (BAP 8th Cir. June 19, 2015)
Ruling:
The BAP for the 8th Circuit affirmed in part, reversed in part, and remanded to the bankruptcy court (D. Minn.-Minneapolis) after bankruptcy court sustained debtor's objection and capped creditor's...
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is...
AFFIRMED district court refusal to remand case because non-diverse defendant was improperly joined as there was no reasonable basis for the district court to predict that the plaintiff might be...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago
Citation:
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling:
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and...
Judge(s):
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges
Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 7 months ago
Citation:
Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014
Ruling:
The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by...
Judge(s):
RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.
Determining the term of a lease at a hearing on a motion to assume the lease, as opposed to requiring a separate adversary proceeding, was harmless error because the parties fully briefed the issue...
Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
11 years 7 months ago
Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 10 months ago
Citation:
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling:
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing...
Judge(s):
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
12 years 4 weeks ago
Citation:
Phoenix, LLC v. The Alameda Liquidating Trust (In re Alameda Investments, LLC), BAP No. CC-13-1333-PaTaKu (9th Cir. BAP Mar. 5, 2014) (unpublished)
Ruling:
The Ninth Circuit BAP affirmed the bankruptcy court's order determining that the Appellee liquidating trust succeeded to the entire interest in an LLC held by the chapter 11 debtor and that the...
