Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
13 years 3 months ago
Citation:
Fifth circuit appeal
Ruling:
Fifth Circuit reversed lower court's grant of summary judgment for claimant and rendered summary judgment in favor of insurer on waiver of coverage issue, holding that the proceeds of a liability...
Summarized by Lynn Hinson , Dean Mead Egerton Bloodworth Capouano & Bozarth PA
13 years 3 months ago
Citation:
Eleventh Circuit Court of Appeals Case number 12-10601 [not to be published]
Ruling:
The Circuit Court of Appeals affirmed two post-confirmation orders that were entered by the United States Bankruptcy Court for the Southern District of Florida. The orders arose from an...
Judge(s):
Circuit Court Judges Hull and Black, and District Court Judge Whittemore, sitting by designation.
8th Cir. Court of Appeals (Case No 12-1398 - Filed Nov 8, 2012)
Ruling:
REVERSED the District Court's dismissal of quiet-title cause of action, AFFIRMED the dismissal of all the homeowners claims with prejudice, and REMAND for proceedings consistent with decision.
Valley Bank and Trust Co. v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.), No. 11-1453 (October 16, 2012)
Ruling:
REVERSING the District Court, the 10th Circuit held Federal law permits a FCC licensee to grant a security interest in the economic value of its license, and Nebraska law recognizes that a security...
Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)
Ruling:
Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection...
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
Case No. 11-13574 (11th Cir. July 18, 2012) (per curiam) (unpublished)
Ruling:
An entity that regularly attempts to collect debts can be a "debt collector" beyond section 1692f(6) of the Fair Debt Collection Practices Act even ehwne the entity is also enforcing a security...
Judge(s):
Circuit Judges Marcus and Black, and District Judge Wm. Terrell Hodges, U.S. District Court for the Middle District of Florida, sitting by designation
Case No. 11-8072, B.A.P. No. 10-53019 (6th Cir. E.D. Kentucky)
Ruling:
AFFIRMING bankruptcy court's order setting the market value of the Debtors' low-income housing tax credit properties and overruling the Debtors' and General Partners' Valuation Objection and Motion...
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.
