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Blue Cross Blue Shield of North Carolina v. Jemsek Clinic, P.A. (In re Jemsek Clinic, P.A.

  • Summarized by ,
  • 9 years 2 days ago
Citation:
16-1030 (4th Circuit, Mar 03,2017) Published
Case Status:
Reversed and Remanded
Ruling:
Dismissing with prejudice a creditor’s claims valued at over $10 million and sanctioning that creditor by making it pay debtor’s attorney’s fees in the amount of $1.29 million was an abuse of...
Judge(s):
Wilkinson, Motz, Floyd (Motz)
Tag(s):

Above-All Transportation, Inc. v. Fraher

Citation:
BAP NO. MB 16-026 (1st Circuit, Feb 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Panel Affirms the bankruptcy court's ruling in favor of Shannon Fraher on the count brought under 1 U.S.C. 523(a)(2)(A).
Judge(s):
Deasy, Tester and Finkle
Tag(s):

Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 2 weeks ago
Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Schwab Industries, Inc. v. Huntington National Bank

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 2 weeks ago
Citation:
16-3790 (6th Circuit, Feb 13,2017) Not Published
Case Status:
Affirmed
Ruling:
The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
Judge(s):
Boggs, Siler and Donald, opinion by Siler
Tag(s):

Meoli v. The Huntington National Bank

  • Summarized by J. Debbeler , Bricker Graydon LLP
  • 9 years 3 weeks ago
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):

Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

  • Summarized by Jin Kim , Allen & Overy LLP
  • 9 years 3 weeks ago
Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

Credit One Corpv. Naoom ( In re Naoom)

Citation:
BAP NO. SC-16-1066, Bk. No. 15-02484-LT7 (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
Judge(s):
Jury, Faris, and Yun
Tag(s):

Blixseth v. Cushman & Wakefield of Colorado, Inc.

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 weeks ago
Citation:
No. 15-1375 (10th Circuit, Feb 03,2017) Not Published
Case Status:
Affirmed
Ruling:
The Tenth Circuit affirmed the district court's (D. Colo.) dismissal under Rule 12 and Rule 56 of 27 claims against three defendants (the same nine claims against each) for alleged torts related to...
Judge(s):
Phillips & Seymour (Judge Gorsuch of the panel did not participate in the judgment)
Tag(s):

Lopez v. Raicevic (In re Lopez)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 3 weeks ago
Citation:
BAP No. SC-15-1335-YJuF (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (S.D. Cal.) granting summary judgment in favor of creditors/plaintiffs on 523(a)(2)(A) dischargeability claim based on issue...
Judge(s):
Yun, Jury, Faris
Tag(s):

McGarry & McGarry, LLC v. Rabobank, N.A.

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 1 month ago
Citation:
16 C 5978 (7th Circuit, Jan 26,2017) Not Published
Case Status:
Affirmed
Ruling:
Contracts between the trustee, his administrative servicer, and his bank, did not violate section 1972(1)(E) of the Bank Holding Company Act because the plaintiff could not show that the contracts...
Judge(s):
Posner, Manion, Williams
Tag(s):

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