Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 1 month ago
Citation:
Cockhren v. MidWestOne Bank, Case No. 11-6067 (8th Cir. B.A.P. Apr. 9, 2012)
Ruling:
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit (the “8th Circuit B.A.P.”) affirmed the decision of the U.S. Bankruptcy Court for the Northern District of Iowa (the “Bankruptcy...
Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
14 years 1 month ago
Citation:
Case No. 10-3770 (7th Circuit); Decided April 3, 2012
Ruling:
Order by U.S. District Court for N.D. Ill. dismissing Trustee's negligence claim against debtors' former auditor (for failure to discover a Ponzi scheme involving the debtors) is reversed and case...
Judge(s):
Easterbrook, Chief Judge, Bauer and Sykes, Circuit Judges. Opinion by Easterbrook.
Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
14 years 3 months ago
Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
The Eleventh Circuit Court of Appeals affirmed the District Court's judgment affirming the Bankruptcy Court's holding that Southeastern Commercial Finance LLC's ("Southeastern") mortgage interests...
U.S. Court of Appeals, Seventh Circuit, Case No. 11-2104 (Decided December 22, 2011)
Ruling:
The 7th Circuit affirmed the District Court's ruling that fines, and the collection of them, do not constitute a debt under the Fair Debt Collection Practices Act. The court interpreted the...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
14 years 5 months ago
Citation:
(11th Cir.)Case No. 11-10891(unpublished)
Ruling:
The Eleventh Circuit affirmed the Georgia District Court’s dismissal of federal claims of pro se litigant, Carolyn Boone, and remand of her state court claims to state court. Boone had filed a...
Judge Posner, writing for the court, held for the trustee. The court found that the trustee had done due diligence in reaching a settlement of $100,000 with Indiana University because the...
Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd., --- F.3d ----, 2011 WL 5110122 (2d Cir. Oct. 28, 2011)
Ruling:
A hedge fund that entered into a credit default swap agreement with a bank affiliated with a capital markets servicer was not a customer of the servicer within the meaning of FINRA rules, such that...
A defendant violates Section 1 of the Sherman Act by engaging in concerted action that imposes an unreasonable restraint on trade. An unreasonable restraint on trade (under the per se standard) is...
Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
14 years 7 months ago
Citation:
2011 Bankr. LEXIS 3756
Ruling:
State law determines the extent of a bankruptcy trustee's rights under 11 U.S.C. § 544(a)(3). Applying Michigan law, the existence of a recorded rescission of an erroneously executed discharge of...
Judge(s):
Bankruptcy Appellate Panel of the Sixth Circuit, Judges Boswell, Rhodes, Shea-Stonum
