Derbabian v. Bank of America, N.A.

Citation:
Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).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...
Judge(s):
Cole, Keith, and Batchelder.
Tag(s):

Slorp v. Lerner, Sampson & Rothfus

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In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...
Judge(s):
Moore, Gibbons and Sutton; opinion by Gibbons
Tag(s):

TMT Procurement Corp v. Vantage Drilling Co. (In the Matter of TMT Procurement Corp)

Citation:
No. 13-20622 (5th Cir. Sep. 3, 2014)
Ruling:
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...
Judge(s):
Higginbotham, Davis, and Haynes.
Tag(s):

Highway 82/Fannin Joint Venture v. Capital One Bank (In the Matter of: Highway 82)

Citation:
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...
Judge(s):
Stewart, Owen, Morgan
Tag(s):

Levin v. Miller

Citation:
App. No. No. 12-3474 (7th Circuit Court of Appeals) - August 14, 2014
Ruling:
The Seventh Circuit held that the derivative claims held by the trustee of a bankrupt bank holding company against former managers were assigned by federal law to the FDIC, and upheld the district...
Judge(s):
Wood, Easterbrook, Hamilton (Opinion by Easterbrook; concurrence by Hamilton).
Tag(s):

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Tag(s):

Negrete v. Citizens State Bank (In re Negrete)

Citation:
Negrete v. Citizens State Bank (In re Negrete), 9th Cir. Bankruptcy Appellate Panel (BAP), CC-13-1557-PaKiTa (August 7, 2014) [Not for Publication]
Ruling:
In an unpublished opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s order denying Debtor's motion for reconsideration of an order denying his motion for contempt.
Judge(s):
PAPPAS, KIRSCHER AND TAYLOR, Bankruptcy Judges.
Tag(s):

C.W. Mining Co. v. Bank of Utah

Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

Krys v. Pigott

Citation:
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling:
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty;...
Judge(s):
Kearse, Pooler, and Livingston
Tag(s):

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