Home » Professional Practice Areas » Uniform Commercial Code/Article 9

In re Paul William Martin

Citation:
19-1336 (9th Circuit, Mar 03,2021) Not Published
Case Status:
Affirmed
Ruling:
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) saw no error in its inferring of the verboten intent in a...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Robert J. Faris
Tag(s):

Deutsche Bank, et al v. US Energy Dev, et al

  • Summarized by Lars Fuller , BakerHostetler
  • 2 years 1 month ago
Citation:
19-50646 (5th Circuit, Feb 03,2021) Published
Case Status:
Affirmed
Ruling:
Fifth Circuit affirmed bankruptcy court (WD Tx.) ruling on lien priority and conflict of law issue. Applying Delaware UCC law, bank's prior perfected blanket security interest encompassed proceeds...
Judge(s):
Jolly, Jones, Engelhardt
Tag(s):

In re Mensonides Dairy LLC

Citation:
20-1105 (9th Circuit, Dec 10,2020) Not Published
Case Status:
Affirmed
Ruling:
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the decision of the U.S. Bankruptcy Court for the Eastern District of Washington (BC) that the debtors had not defaulted under...
Judge(s):
Julia W. Brand; Scott H. Gan; and Robert J. Faris
Tag(s):

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

  • Summarized by J. Newman , Newman & Newman
  • 3 years 11 months ago
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.)

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 5 years 8 months ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 1 month ago
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.

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 6 years 2 months ago
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):

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