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Bennett v Garner

Summarizing by Shane Ramsey

IN RE: Green Jacobson, P.C.

Citation:
No. 18-1134, 2018 WL 6815727 (8th Circuit, Dec 28,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy...
Judge(s):
Loken, Benton, Shepherd
Tag(s):

IN RE: BOYCE

Citation:
BAP Nos. CC-18-1052-STaL, CC-18-1058-STaL (Consolidated), 2018 WL 6565685 (9th Cir. Dec. 12, 2018) (9th Circuit, Dec 12,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP of the 9th Circuit affirmed the ruling of the bankruptcy court (C.D. Cal.) granting summary judgment to creditor on an issue of whether debtor should be barred from relitigating the fraud...
Judge(s):
Spraker, Taylor, Lafferty
Tag(s):

THERMO CREDIT, LLC v DCA SERVICES, INC.,

Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

Khoja v. Orexigen Therapeutics, Inc.

Citation:
No. 16-56069 (9th Circuit, Aug 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit affirmed in part and reversed in part order of district court granting motion to dismiss for failure to state a claim under the Securities Exchange Act of 1934. District court erred...
Judge(s):
Tashima, Berzon, and Payne
Tag(s):

Illinois Department of Revenue v. Hanmi Bank

Citation:
Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published
Case Status:
Affirmed
Ruling:
7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...
Judge(s):
BUAER, FLAUM, and ROVNER
Tag(s):

Rodriguez v. FDIC (In re United Western Bancorp, Inc.)

Citation:
17-1281 (10th Circuit, Jun 19,2018) Published
Case Status:
Reversed and Remanded
Ruling:
An ambiguous tax allocation agreement between a debtor and its subsidiary that filed consolidated tax returns gave the debtor only mere legal title to a refund based on the subsidiary's prior...
Judge(s):
BRISCOE, SEYMOUR, and HOLMES
Tag(s):

Fort v. Suntrust Bank (In re International Payment Group, Inc.

Citation:
No. 16-2001: UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT (4th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Affirmed by unpublished per curiam opinion. "... the Trustee has failed to demonstrate a genuine dispute of material fact on the issue of whether SunTrust owed IPG [the debtor] any...
Judge(s):
Before DUNCAN and AGEE, Circuit Judges, and Leonie M. BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Pittner v. Castle Peak 2011-1 Loan Trust

Citation:
MB 17-021 (1st Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
Secured creditor was not in contempt of confirmation order and confirmed chapter 11 plan where the plan and order imposed no duty or requirement that the secured creditor could have violated. On a...
Judge(s):
Godoy, Finkle, and Cary
Tag(s):

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