The 8th Circuit BAP rules that an amendment to a UCC financing statement filed by a third-party was authorized and effective in terminating a lender's security interest in the debtor's personal...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
14 years 3 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
Assignee of a perfected security interest in a motor vehicle is not required to note its assignment or lien on the certificate of title in order to maintain its perfected status. The assignee of...
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 6 months ago
Citation:
(No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)
Ruling:
(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...
Eighth Circuit held that the affirmative defense of 547(c)(5) is unavailable to creditors not holding a perfected security interest at the onset of the preference period. The court explained that...
Metz v. Unizan Bank, Case Nos. 09-3751/3879/4363 (6th Cir. Aug. 19, 2011)
Ruling:
Court of Appeals affirmed all of district court's rulings, holding as follows:
(1) Discovery Rule applicable to some statutes of limitations does not apply to UCC claims arising under O.R.C....
