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Cook v. Wells Fargo Bank, N.A. (In re Cook)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 13 years 2 months ago
Citation:
Cook v. Wells Fargo Bank, N.A., et al., Case No. 12-2100 (10th Cir. April 2, 2013) (unpublished)
Ruling:
Failure to follow the procedural requirements of § 554 and Rule 6007 renders abandonment ineffective resulting in Appellant lack of standing to pursue sanctions motion and § 102(1) is not...
Judge(s):
Lucero, Porfilio, Matheson
Tag(s):

Hann v. Educational Credit Management Corp. (In re Hann)

  • Summarized by Guy Moss , N/a
  • 13 years 2 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 12-9006, March 29, 2013
Ruling:
Addressing the pitfalls of an unusually phrased order, the Court affirmed lower court rulings and concluded that when an order imprecisely "allows" a claim at zero (rather than disallowing the...
Judge(s):
Torruella, Stahl and Thompson
Tag(s):

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

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 13 years 3 months ago
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):

Alfes v. Educational Credit Management Corp. (In re Alfes)

  • Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
  • 13 years 3 months ago
Citation:
Alfes v. Educational Credit Management Corp. (In re Alfes), Case No. 11-2159 (6th Cir. Mar. 12, 2013)
Ruling:
The Sixth Circuit affirmed the rulings below that a default judgment against a student loan lender did not bar the separate claims of the guarantor of the debtor’s nondischargeable student loan...
Judge(s):
Boggs and White, Circuit Judges; Black, District Judge
Tag(s):

Kaplan v. Wasko (In re Wasko)

  • Summarized by Daniel Glasser , Chipman Glasser LLC
  • 13 years 3 months ago
Citation:
Kaplan v. Wasko, Case No. CC-12-1118-PaMkBe (9th Cir. B.A.P. Mar. 6, 2013) (unpublished).
Ruling:
The Ninth Circuit B.A.P. remanded this case and directed the bankruptcy court to apply the issue preclusion factors identified in Harmon v. Kobrin (In re Harmon), 250 F.3d 1240, 1245 (9th Cir....
Judge(s):
Pappas, Markell and Beesley
Tag(s):

In re Alabama Aircraft Industries, Inc.

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 13 years 3 months ago
Citation:
No. 12-1290
Ruling:
Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section...
Judge(s):
McKee, Sloviter, and Vanaskie
Tag(s):

Anti Lothian Bankruptcy Fraud Committee v. Lothian Oil, Inc. (In re Lothian Oil, Inc.)

  • Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
  • 13 years 5 months ago
Citation:
No. 11-51082
Ruling:
Appellants appeals of three pro hac vice related orders were dismissed because they were untimely. Appellants motion to set aside settlements agreements encompassed in the Debtor's confirmed plan...
Judge(s):
Jolly, Jones, Graves, Circuit Judges
Tag(s):

Bond Safeguard Insurance Co. v. Wells Fargo Bank, N.A.

Citation:
Case No. 11-15478 (11th Cir. December 21, 2012)
Ruling:
Bond holder sureties ("Sureties") of property developers ("Debtors") lacked standing to bring certain claims against Wells Fargo Bank and Key Bank ("Lenders") because their claims are general in...
Judge(s):
Marcus, Pryor, Friedman (District Judge for the District of Columbia, sitting by designation)
Tag(s):

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