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Cockhren v. MidWestOne Bank (In re Cockhren)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 13 years 11 months 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...
Judge(s):
Schermer, Federman, Venters
Tag(s):

Peterson v. McGladrey & Pullen, LLP (In re Lancelot Investors Funds, L.P., et al.)

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 13 years 11 months 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.
Tag(s):

SunTrust Bank, N.A. v. Macky (In re McCormick)

  • Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
  • 14 years 3 weeks 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.
Tag(s):

Southeastern Commercial Finance, LLC v. First Community Bank of America (In re United Tile & Stone, Inc.)

  • Summarized by Robert Peters , B/E Aerospace, Inc.
  • 14 years 2 months ago
Citation:
Case No. 11-12021 (11th Cir., Dec. 30, 2011)
Ruling:
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...
Judge(s):
Edmondson, Carnes and Fay (per curiam)
Tag(s):

Gulley v. Markoff & Krasny

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 14 years 2 months ago
Citation:
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...
Judge(s):
Flaum, Kanne, and Sykes
Tag(s):

In re Fort Wayne Telsat, Inc.

  • Summarized by Jason Han , Jason Han Law
  • 14 years 3 months ago
Citation:
No. 11-2112
Ruling:
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...
Judge(s):
Richard Posner, William Bauer, Diane Wood.
Tag(s):

Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd.

  • Summarized by Ferve Ozturk , BakerHostetler
  • 14 years 4 months ago
Citation:
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...
Judge(s):
Circuit Judges Kearse, Pooler, and Lynch
Tag(s):

Burtch v. Milberg Factors, Inc.

Citation:
Case No. 10-2818 (3d Cir. Oct. 24, 2011; 2011 WL 5027511
Ruling:
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...
Judge(s):
Greenaway, Jr. (opinion), Sloviter, Roth
Tag(s):

Richardson v. Citimortgage, Inc. (In re Emerson)

  • Summarized by Geoffrey Peters , Weltman, Weinberg & Reis Co., LPA
  • 14 years 5 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
Tag(s):

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