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

Summarizing by Craig Geno

Christie v. The Bank of New York Mellon

Citation:
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...
Judge(s):
Lipez, Wardlaw and Murguia
Tag(s):

Mbaku, et al. v. Bank of America, et al.

Citation:
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...
Judge(s):
Briscoe, McKay, Phillips
Tag(s):

Turner v. Wells Fargo Bank (In re Turner)

Citation:
BAP No. NC-14-1139-KiTaD (June 2, 2015) (unpublished)
Ruling:
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.
Judge(s):
KIRSCHER, TAYLOR and DUNN, Bankruptcy Judges.
Tag(s):

DVI Receivables XIV, LLC v. Rosenberg (In re Rosenberg)

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)
Tag(s):

Borman, LLC v. 18718 Borman, LLC, Joseph Schwebel

Citation:
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...
Judge(s):
Daughtrey, Clay, and Cook, Circuit Judges
Tag(s):

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

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...
Judge(s):
Winter, Wesley and Carney
Tag(s):

Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)

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,...
Judge(s):
Lynch, Howard & Barron
Tag(s):

Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

Citation:
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...
Judge(s):
Kirscher, Kurtz, and Davis
Tag(s):

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