BB Syndication Services Inc. v. First American Title Insurance Company, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling:
The Seventh Circuit held that when a lender cuts off loan funding by reason of a construction project’s overspending, the lender is, in fact, “creating” or “suffering” a mechanic’s lien...
BancInsure, Inc. v. Highland Bank, No. 13-3324 (8th Cir. March 3, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the U.S. District Court (D. Minn.) granting summary judgment in favor of an insurer for denying coverage to a claimant. The 8th Circuit agreed that under...
Kitron, et al. v. Valley Health System (In re Valley Health System), BAP No. CC-11-1100-DPaTa (BAP 9th Cir. Feb. 24, 2015)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court dismissing under Rule 12 suit commenced by creditors against chapter 9 debtor and other parties. BAP agreed that appellants'...
Aviva Life and Annuity Co. v. White (In re Millennium Multiple Employer Welfare Benefit Plan), Nos. 14-6006 & 14-6007 (10th Cir. Nov. 13, 2014)
Ruling:
The 10th Circuit affirmed the U.S. District Court (W.D. Okla.) decision affirming the bankruptcy court's order limiting the scope of the interpleader relief granted in two interpleader actions....
The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
12 years 3 months ago
Citation:
Case No. 13-1476 (6th Cir. 2014)
Ruling:
In a non-bankruptcy case, the Circuit Court affirmed the entry of a temporary injunction that prohibits the Flint Emergency Manager from making changes to the health care benefits of Flint city...
C.L. Frates & Co v. Westchester Fire Ins., Case No. 12-6274, 2013 U.S. App. LEXIS 18340 (10th Cir. Sept. 4, 2013).
Ruling:
The 10th Circuit found that a reasonable trier of fact could conclude that the plaintiff's insurance claim "arose out of" bankruptcy or insolvency, which was excluded from coverage, reversed the...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 8 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Summarized by B. King , Office of the U.S. Trustee
13 years 1 month ago
Citation:
Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).
Ruling:
Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...
Judge(s):
Chief Judge Traxler, Circuit Judges Wilkinson and Agee
