District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
The Seventh Circuit reversed the district court's order dismissing the bankruptcy trustee's legal malpractice complaint against Katten Muchin Rosenman LLP ("Katten"), holding that the trustee...
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling:
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note...
Mbaku, et al. v. Bank of America, et al., No. 14-1379 (10th Cir. 2015)
Ruling:
Tenth Circuit affirmed Rule 12 dismissal of pro se plaintiffs' due process, equal protection, and Colorado Fair Debt Procedures Collections Act (CFDPCA) claims asserted based on bank's foreclosure...
Chapter 13 Debtors lacked standing to assert claims against lenders and loan servicer defendants based on alleged violations of a home mortgage trust’s pooling and servicing agreement.
Barnes v. Harris, __ F.3d __, 2015 WL 1786861 (10th Cir. April 21, 2015)
Ruling:
Dismissal of shareholders' action against officers and directors of failed bank holding company for breach of fiduciary duty was affirmed as all claims were either derivative or insufficient to...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
11 years 1 week ago
Citation:
DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg), Case No. 13-14781 (11th Cir. Feb 27, 2015)
Ruling:
Affirmed in part, vacated in part, and remanded. Adopting analysis and reasoning of Glannon v. Carpenter (In re Glannon), 245 B.R. 882, 894-95 (D.Kan.2000) re scope of award for attorney's fees...
Judge(s):
Hull, Julie Carnes, and Walker (John M. Walker, 2nd Circuit sitting by designation)
Borman, LLC v. 18718 Borman, LLC, et al., No. 14-1419 (6th Cir. February, 2, 2015)
Ruling:
The Circuit Court first agreed with the district court’s holding that the intent behind the NMLA requires the NMLA to apply to Borrower’s loan, and bars Purchaser’s action based on the CMBS...
An unwritten agreement for the payment of legal fees incurred by the counsel for a bank receiver is not an “agreement which tends to diminish or defeat the interest of the [FDIC] in any asset...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
11 years 1 month ago
Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
