Whirlpool v. Wells Fargo Bank (In re HHGregg)

Citation:
18-3363 (7th Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...
Judge(s):
Sykes, Hamilton, and Scudder
Tag(s):

Fishback Nursery, Incorporated, et al v. PNC Bank

Citation:
No. 18-10090 (5th Circuit, Apr 10,2019) Published
Case Status:
Affirmed
Ruling:
The court first consider the choice-of-law issue. The court rejected the Nurseries’ arguments that the district court erred in determining the law applicable to the parties’ lien dispute. On...
Judge(s):
SMITH, DUNCAN, and ENGELHARDT, Circuit Judges.
Tag(s):

Altair Global Credit Opp. v Employees Retirement System (In re Oversight and Management Board for Puerto Rico)

Citation:
18-1836; 18-1837; 18-1841; 18-1855; 18-1858; 18-1868; (1st Circuit, Jan 30,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

Arrow Oil & Gas, Inc. v. J. Aron & Company (In re Semcrude L.P.)

Citation:
15-3094, 15-3095, 15-3096, 15-3097, 15-3121, 15-3123, 15-3124, (3rd Circuit, Jul 19,2017) Published
Case Status:
Affirmed
Ruling:
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
Judge(s):
Ambro, Jordan and Fisher
Tag(s):

Wharton v. Schwartzer (In re Wharton)

Citation:
BAP No. NV-16-1218-JuFY (9th Circuit, Feb 13,2017) Published
Case Status:
Affirmed
Ruling:
The BAP for the 9th Cir. affirmed the ruling of the bankruptcy court (D. Nev.) order granting chapter 7 trustee's motion for turnover of a vehicle, notwithstanding debtors' claim of exemption. The...
Judge(s):
Jury, Fairs, Yun
Tag(s):

Marblegate Asset Management, LLC v. Education Management Finance Corp.

Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

McCray v. Wells Fargo Bank, N.A.

Citation:
16-1415 (4th Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

 The Fourth Circuit Court of Appeals upheld the bankruptcy court's dismissal of the debtor's adversary proceeding on the grounds that because the claims asserted in the adversary proceeding...

Judge(s):
Before Motz, Wynn, and Floyd, Circuit Judges
Tag(s):

Privitera v. Curran

Citation:
1st Circuit BAP NO. MW 15-051, Massachusetts Main Bankruptcy Case No. 14-42811-CJP, Adversary Proceeding No. 15-04024-CJP
Ruling:
AFFIRMED. Creditor's Complaint against Debtor objecting to dischargeability under 11 USC 523(a)(2)(A) was dismissed by the Bankruptcy Court under Fed. R. Civ. P. 12 (b)(6) standard. Creditor's...
Judge(s):
Trial Judge: Hon. Melvin S. Hoffman. BAP Judges: Lamoutte, Deasy and Cary.
Tag(s):

Bayer CropScience, LLC v. Stearns Bank National Association

Citation:
No. 15-1967 (8th Cir. Sept. 20, 2016)
Ruling:
The 8th Circuit reversed the decision of the district court (E.D. Mo. - St. Louis), finding the trial court erred in ruling that a creditor's foreclosure extinguished its rights to pursue proceeds...
Judge(s):
Wollman, Benton, Shepherd
Tag(s):

Schaumburg Bank & Trust, Co., N.A. v. Alsterda

Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
Tag(s):

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