Summarized by Brett Weiss , The Weiss Law Group, LLC
13 years 5 months ago
Citation:
Wincopia Farms, LP v. G&G, LLC (In re Wincopia Farms, LP), Nos. 12-1064 and 12-1080 (4th Cir. Dec. 12, 2012)
Ruling:
In this unpublished per curiam opinion, the Fourth Circuit upheld the District Court's order adopting the Bankruptcy Court's recommendation that Plaintiff/Debtor's fraud complaint be dismissed....
Judge(s):
Chief Judge William B. Traxler, Jr., Judge Albert Diaz and Judge Catherine C. Eagles (United States District Judge for the Middle District of North Carolina, sitting by designation)
Sixth Circuit, in a per curiam opinion in a non-bankruptcy case, affirmed dismissal of borrowers' complaint alleging (1) breach of fiduciary duty; (2) negligence/negligence per se; (3) common law...
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.
Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, Case No. 11-1954 (6th Cir. Oct. 22, 2012) (recommended for publication).
Ruling:
In a non-bankruptcy debt collection matter, the 6th Circuit reversed the District Court and held that a condominium association assessment was a “debt” regulated by the Fair Debt Collection...
Judge(s):
Siler, Kethledge, and District Court Judge Graham (by designation)
Summarized by Michael Yurkewicz , Klehr Harrison Harvey Branzburg LLP
13 years 7 months ago
Citation:
In re SW Boston Hotel Venture, LLC, et al., BAP No. MB 11-087 (October 1, 2012 1st Cir. BAP)
Ruling:
The order confirming the substantially consummated plan of reorganization was vacated and the case remanded to the bankruptcy court to allow for the amendment of the plan to address Prudential’s...
Prudential Ins. Co. v. City of Boston (In re SW Boston Hotel Venture, LLC), BAP NOS. MB 11-079, MB 11-082, MB 11-085, MB 11-086; Bankr. Case No. 10-14535-JNF (B.A.P. 1st Cir. Oct. 1, 2012)
Ruling:
In a dispute between a developer-debtor and its primary secured lender, the BAP AFFIRMED the bankruptcy court's decision to calculate postpetition interest (506(b)) owing to the lender at the...
Judge(s):
Haines, Deasy, and Tester, United States Bankruptcy Appellate Panel Judges
State of Nevada, ex rel. Barret R. Bates v. Mortgage Electronic Registration System, Inc., No. 11-16310 (9th Cir. Sept. 17, 2012) (Not for Publication)
Ruling:
Because the defendants had no "obligation" to record assignments or other documents relating to securing property, Bates failed to state a claim of liability under NFCA section 357.040(1)(g).
Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
Ruling:
The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
Judge(s):
Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
AFFIRMING the BAP order denying the turnover action of the Chapter 7 Trustee on the grounds that unjust enrichment claims exceeds the scope of 11 U.S.C. Section 542(a).
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...
