Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
13 years 6 months ago
Citation:
Iberiabank v. Beneva, Case No. 11-11195 (11th Cir. Nov. 30, 2012)[Publish]
Ruling:
Affirmed. Eleventh Circuit affirmed District Court holding the Termination Clause of sublease falls within the language of Section 1821(e)(13)(A) and therefore unenforceable against the FDIC as...
In re Castro, 2012 WL 5935957 (10th Cir. Nov. 28, 2012)
Ruling:
Appellant that was neither debtor nor creditor and had no interest in real property or, at best, such interest was subordinate, lacked standing to object to creditor’s motion for relief from...
Ball Kelly, LLC, d/b/a Taylor Kelly, LLC v. Bank of America, N.A., No. 11-3369 (10th Cir. 2012)
Ruling:
10th Circuit affirmed the U.S. District Court for the District of Kansas dismissal of complaint for failure to state a claim where plaintiff subcontractor asserted claim for equitable lien in...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
13 years 9 months ago
Citation:
No. 1:10-cv-1298 (6th Cir. Sept. 14, 2012)
Ruling:
In AFFIRMING the district court, the Sixth Circuit Court of Appeals found that language in a stipulated cease-and-desist order requiring a parent corporation to "ensure" that its subsidiary, a...
Judge(s):
Martin and Daughtrey, Circuit Judges; Maloney, District Judge sitting by designation.
Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
13 years 10 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
Summarized by Dean Langdon , Gartland Thacker DelCotto PLLC
14 years 2 weeks ago
Citation:
File Name 12a0172p.06; Docket Nos. 10-5480/5491
Ruling:
Affirming the rulings of the District Court for the Middle District of Tennessee, the Sixth Circuit Court of Appeals held that a depository bank with custody (but not control) of ERISA accounts was...
Judge(s):
Merritt, Cook and Cox (District Judge); authored by Cook; dissent by Merritt
A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...
Judge(s):
Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)
Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
14 years 3 months ago
Citation:
No. 10-14618 (March 15, 2012) [Not Published]
Ruling:
Vacated and Remanded. The Debtor's complaint on its face states a claim upon which relief may be granted under the FDCPA. Unofficial lessons of this case: The FDCPA clearly defines the term...
