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U.S. Department of Agriculture v. J. Michael Hopper (In re Colusa Regional Medical Center)

Summarizing by Lars Fuller

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):

Starion Financial v. McCormick (In re McCormick)

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.
Tag(s):

Bavelis v. Doukas (In re Bavelis)

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...
Judge(s):
Batchelder, Gilman and Gibbons; opinion by Gilman
Tag(s):

Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

Citation:
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...
Judge(s):
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
Tag(s):

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Derbabian v. Bank of America, N.A., Case No. 14-1253 (6th Cir. Oct. 17, 2014) (unpublished).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In an opinion not recommended for publication, the Sixth Circuit affirmed a decision of the District Court for the Southern District of Ohio dismissing Slorp's claims under the FDCPA, Ohio consumer...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):

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