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UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)

Summarizing by Craig Geno

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):

MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

Citation:
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Judge(s):
Daughtrey, Moore and Stranch, Circuit Judges
Tag(s):

Bayer CropScience, LLC v. Stearns Bank National Association

Citation:
No. 15-1967 (8th Cir. Sept. 20, 2016)
Ruling:
The 8th Circuit reversed the decision of the district court (E.D. Mo. - St. Louis), finding the trial court erred in ruling that a creditor's foreclosure extinguished its rights to pursue proceeds...
Judge(s):
Wollman, Benton, Shepherd
Tag(s):

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

Citation:
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling:
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
Tag(s):

Owens v. LVNV Funding, LLC

Citation:
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
Judge(s):
Flaum & Bauer, with Wood dissenting.
Tag(s):

Ritchie Capital Management v. GECC

Citation:
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling:
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to...
Judge(s):
WALKER, CALABRESI, and HALL
Tag(s):

In re Energy Future Holdings Corp. et al.

Citation:
In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)
Ruling:
1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the...
Judge(s):
Greenaway Jr., Vanaskie, and Shwartz
Tag(s):

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