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Bennett v Garner

Summarizing by Shane Ramsey

THERMO CREDIT, LLC v DCA SERVICES, INC.,

Citation:
Case No. 17-4207; File No. 18a0542n.06 (6th Circuit, Oct 29,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
Sixth Circuit held that, under the Ohio UFTA, payments subject to a valid lien cannot be subject to being recovered from a transferee. The Court also held that a lender that is aware of the...
Judge(s):
Gibbons, Stranch and Bush, Circuit Judges
Tag(s):

Meoli v. The Huntington National Bank

Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

MSCI 2007-IQ16 Granville Retail, LLC v. UHA Corp., LLC

Citation:
File Name: 16a0524n.06; case No. 15-3524 (Sept. 9, 2016)
Ruling:
The Sixth Circuit granted the mortgagee's motion dismiss the appeal as moot. The mortgagor's appeal of a foreclosure judgment (after the property was sold by a special master) was moot as the...
Judge(s):
Daughtrey, Moore and Stranch, Circuit Judges
Tag(s):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
Tag(s):

Providence Hall Associates Ltd Partnership v. Wells Fargo Bank, N.A.

Citation:
Slip Op. Mar. 11, 2016 (Case No. 15-2378 4th Cir. 2016)
Ruling:
After the district court dismissed a lender-liability action by a former Borrower against the Bank, the Court of Appeals affirmed the dismissal based on res judicata because during the time that...
Judge(s):
Diaz, Wilkinson and Niemeyer
Tag(s):

Dags II, LLC v. Huntington National Bank and Fourteen Corp.

Citation:
15a049n.06
Ruling:
District Court's summary judgment in favor of Huntington National Bank ("HNB") and its wholly owned subsidiary Fourteen Corp. ("14") was reversed and remanded on the grounds that there were...
Judge(s):
Cole, Chief Judge, Moore and Clay, Circuit Judges
Tag(s):

Rogers v. Bank of America

Citation:
Rogers v. Bank of America, N.A., et al., No. 14-2841 (8th Cir. June 1, 2015)
Ruling:
The 8th Circuit affirmed the ruling of the district court (D. Minn.) granting defendants' motion to dismiss. The 8th Circuit agreed that plaintiff lacked standing to seek declaratory judgment that...
Judge(s):
Wollman, Beam, Colloton
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

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