Summarized by Michael Sugar , Commonwealth of Massachusetts
11 years 1 month ago
Citation:
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
Ruling:
The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement,...
Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
Ruling:
REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the...
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 2 months ago
Citation:
13-7036
Ruling:
Federal District Court abused its discretion when it maintained jurisdiction over a removed case involving only state law and common law claims after the federal claims were dismissed.
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 2 months ago
Citation:
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling:
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and...
Judge(s):
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 3 months ago
Citation:
Docket No. 14-3067; File name 14a0284p.06
Ruling:
Affirming the decision of the Bankruptcy Appellate Panel (which affirmed the Bankruptcy Court), the Sixth Circuit Court of Appeals rules that the Bankruptcy Court had constitutional authority to...
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling:
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust...
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).
Ruling:
The Sixth Circuit affirmed the District's Court's dismissal of plaintiffs' eight-count complaint relating to the foreclosure-by-advertisement of their home.
Specifically, plaintiffs (i) failed...
Summarized by Dean Langdon , DelCotto Law Group PLLC
11 years 5 months ago
Citation:
File name 14a0745n.06; Docket No. 13-3402
Ruling:
In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Vacating and remanding three district court orders and two bankruptcy court orders, the Fifth Circuit held that both courts lacked subject matter jurisdiction to enter various orders affecting both...
Highway 82/Fannin Joint Venture v. Capital One Bank (In re: Highway 82/Fannin Joint Venture), No. 13-41146 (5th Cir. Sept. 9, 2014) (per curiam).
Ruling:
Affirmed dismissal of Debtor/Plaintiff's adversary proceeding for failure to state a claim based on the theory of quasi-estoppel, which Debtor/Plaintiff alleged entitled it to a release of Capital...
