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Avant Capital Partners, LLC v. Strathmore Development Co Michigan, LLC

Citation:
Sixth Circuit Case Nos. 16-2378/16-2418; File Name: 17a0400n.06 (6th Circuit, Jul 10,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit reversed District Court's addition of a related non-party to a judgment on account of alleged transfers to the non-party by a judgment debtor and determined that, under Michigan...
Judge(s):
Boggs, Clay and Sutton, Circuit Judges
Tag(s):

Sarachek v. Luana Savings Bank

Citation:
16-1856, 16-1955 (8th Circuit, Jun 15,2017) Published
Case Status:
Affirmed
Ruling:
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
Judge(s):
LOKEN, BEAM, BENTON
Tag(s):

In re Ross

Citation:
No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
Judge(s):
VANASKIE, KRAUSE, and NYGAARD
Tag(s):

Zucker v. U.S. Specialty Insurance Co.

Citation:
15-10987 (11th Circuit, May 16,2017) Published
Case Status:
Affirmed
Ruling:
The 11th Circuit affirmed the district court's ruling that the fraudulent transfer claims in a bankruptcy complaint fell within the prior acts exclusion in the insurance policy. Held that Parent...
Judge(s):
Carnes, Fay, and Parker
Tag(s):

Meoli v. The Huntington National Bank

Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

WBCMT 2007 C33 Office 9720, L.L.C.

Citation:
No. 15-20086 (5th Circuit, Dec 22,2016) Published
Case Status:
Reversed and Rendered
Ruling:

NNN Realty’s interpretation of “Borrower” as limited to all borrowing entities collectively creates various absurdities throughout the Guaranty—so much so that the interpretation...

Judge(s):
JONES, DENNIS, and PRADO
Tag(s):

Guthrie v. 11 East 36th, LLC (In re 11 East 36th, LLC)

Citation:
16-1233, --- Fed.Appx. ----, 2016 WL 7323983 (2nd Circuit, Dec 16,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed District Court judgment affirming Bankruptcy Court expunging claim and District Court declining to consider constructive trust argument. Court determined that: a.) creditor lacked...

Judge(s):
DENNIS JACOBS, JOSÉ A. CABRANES, BARRINGTON D. PARKER,
Tag(s):

Marques v. Joseph (In re Marques)

Citation:
CC-16-1116-FPaKi (9th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:
9th Cir. BAP affirmed ruling of bankruptcy court (CD Cal.) granting relief from stay to creditor to proceed with foreclosure against chapter 7 debtor/appellant. BK court properly confirmed...
Judge(s):
Faris, Pappas, Kirscher
Tag(s):

Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.

Citation:
16-1351 (3rd Circuit, Nov 17,2016) Published
Case Status:
Reversed and Remanded
Ruling:

Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...

Judge(s):
Ambro, Smith and Fisher
Tag(s):

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