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

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 12 years 10 months ago
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):

Hernandez v. Hopper (In re Hernandez)

Citation:
9th Cir. (Bankruptcy Appellate Panel) April 11, 2013 Case No. EC-12-1537-DJuMk (NOT FOR PUBLICATION).
Ruling:
AFFIRMING the bankruptcy court's order which sustained the chapter 7 trustee's objection to debtors' claim of exemptions.
Judge(s):
Dunn, Jury and Markell.
Tag(s):

ASARCO, L.L.C. v. Barclays Capital, Inc. (In re ASARCO, L.L.C.)

  • Summarized by John Jones , N/a
  • 13 years 6 months ago
Citation:
Case No. 11-41010 (5th Cir. December 11, 2012)
Ruling:
REVERSED and REMANDED award of Section 328(a) fee enhancement to Debtor Asarco's financial advisor for further proceedings because clear error was not the appropriate standard for reviewing a...
Judge(s):
Wiener, Elrod and Southwick, Circuit Judges
Tag(s):

Hoskins v. Citigroup, Inc. (In re Viola)

Citation:
BAP No. NC-11-1173-DoDH
Ruling:
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)
Tag(s):

Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd.

  • Summarized by Ferve Ozturk , BakerHostetler
  • 14 years 8 months ago
Citation:
Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd., --- F.3d ----, 2011 WL 5110122 (2d Cir. Oct. 28, 2011)
Ruling:
A hedge fund that entered into a credit default swap agreement with a bank affiliated with a capital markets servicer was not a customer of the servicer within the meaning of FINRA rules, such that...
Judge(s):
Circuit Judges Kearse, Pooler, and Lynch
Tag(s):

In re Bernard L. Madoff Investment Securitites LLC

  • Summarized by Henry Baer , Finn Dixon & Herling LLP
  • 14 years 10 months ago
Citation:
2011 WL 3568936 (2d Cir. August 16, 2011)
Ruling:
The Court was faced with several issues regarding the proper interpretation of the Securities Investor Protection Act, 15 U.S.C. § 78aaa et seq. (“SIPA”). The Court first ruled that the...
Judge(s):
Jacobs, Chief Judge, Leval and Raggi, Circuit Judges. Opinion by Jacobs, Chief Judge.
Tag(s):

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