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

Summarizing by Lars Fuller

Bank of America, N.A. v. James A. Knight, et al.

Citation:
Bank of America, N.A. v. James A. Knight, et al., Case No. 12-2698 (7th Cir. August 8, 2013)
Ruling:
Affirmed dismissal of all claims for failure to allege plausibly that the accountants knew that Knight’s “primary intent” was to benefit the particular plaintiff Bank. Under federal and state...
Judge(s):
EASTERBROOK, Chief Judge, and BAUER and KANNE, Circuit Judges
Tag(s):

Staker v. Jubber (In re D. Staker)

Citation:
Staker v. Jubber (In re D. Staker) (10th Circuit Court of Appeals 12-4209 &12-4210 (2013))
Ruling:
In an objection to a claim filed pursuant to FRBP 3007, the objecting party is prohibited from requesting the court determine the validity, priority, or extent of lien or other interest in property...
Judge(s):
John C. Porfilio Senior Circuit Judge; Judge Kelly & Judge Holmes
Tag(s):

In re Rodriguez

Citation:
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling:
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order...
Judge(s):
Jordan, Aldisert, and Nygaard, Circuit Judges.
Tag(s):

El Camino Resources Ltd. v. Huntington National Bank

Citation:
Case No.12-1254
Ruling:
The Sixth Circuit affirmed the district court's order of summary judgment in favor of Huntington National Bank, holding that (i) the plaintiffs could not establish the requisite level of knowledge...
Judge(s):
Siler, Sutton and McKeague
Tag(s):

North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Citation:
No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)
Ruling:
Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it...
Judge(s):
Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.
Tag(s):

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Citation:
Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)
Ruling:
Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime...
Judge(s):
Higginbotham, Elrod, Haynes
Tag(s):

Avenue CLO Fund Ltd. v. Bank of America, N.A.

Citation:
Avenue CLO Fund Ltd. v. Bank of America, N.A., Case No. 11-10468 (11th Cir. Feb. 20, 2013)
Ruling:
Affirming the district court's rulings, the 11th Circuit concluded that (A) the plaintiff Term Lenders lacked standing to enforce the defendant Revolving Lenders' promise to lend to Borrowers under...
Judge(s):
Tjoflat, Martin and Bucklew (sitting by designation)
Tag(s):

Glazer v. Chase Home Finance LLC

Citation:
Glazer v. Chase Home Finance LLC, __ F.3d ___, Case No. 10-3416 ( 6th Cir. January 14, 2013)
Ruling:
The Court affirmed the trial court's finding that the mortgage servicer was not a debt collector under the Fair Debt Collection Practices Act and that a subservicer who attempts to collect debts...
Judge(s):
Griffin and Kethledge, Circuit Judges; Thapar, District Judge
Tag(s):

Coyer v. HSBC Mortgage Services, Inc.

Citation:
12a0396p.06
Ruling:
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...
Judge(s):
Merritt, Martin and Gilman
Tag(s):

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