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

Privitera v. Curran

  • Summarized by William Amann , Amann Burnett, PLLC
  • 6 years 6 months ago
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

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 6 months ago
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

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 7 years 3 weeks ago
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):

Christie v. The Bank of New York Mellon

Citation:
Ninth Circuit Court of Appeals, No. 14-55012 (June 11, 2015)
Ruling:
Plaintiff did not have standing to challenge assignees' enforcement of a promissory note and deed of trust because of alleged irregularities in connection with the assignment of the promissory note...
Judge(s):
Lipez, Wardlaw and Murguia
Tag(s):

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 8 years 2 months ago
Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
Judge(s):
Winter, Wesley and Carney
Tag(s):

Citizens Bank & Trust v. Security First Insurance Holdings, LLC (In re Brooke Capital Corp.)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 8 years 3 months ago
Citation:
Citizens Bank & Trust v. Security First Insurance Holdings, LLC (in re Brooke Capital Corp.), __ Fed. Appx. __, 2014 WL 6873180 (10th Cir. December 8, 2014)
Ruling:
In a priority dispute between lenders, those holding participation interests in a loan secured by stock were subject to the recharacterization of their participation interest as loans, which...
Judge(s):
Kelly, Lucero, and Matheson
Tag(s):

Susquehanna Bank v. USA/IRS (In re Restivo Auto Body)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 8 years 4 months ago
Citation:
Susquehanna Bank v. USA/IRS, No. 13-2249 (4th Cir. October 31, 2014)
Ruling:
The Fourth Circuit Court of Appeals parsed the langue of Section 6323(h)(1) of the Internal Revenue Code to determine the priority under Maryland law of an IRS tax lien and a bank deed of trust...
Judge(s):
Before Circuit Judges NIEMEYER, WYNN, and FLOYD.
Tag(s):

Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy)

  • Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
  • 8 years 7 months ago
Citation:
No. 13-6412 (6th Cir. Aug. 14, 2014)
Ruling:
Reversing the bankruptcy court, the Sixth Circuit Court of Appeals held that dairy cow leases were true lease agreements, as opposed to disguised security agreements and, thus, lessor's...
Judge(s):
Circuit Judges Moore and Cole, and District Judge Drain
Tag(s):

Bank of New York Mellon v. GC Merchandise Mart, L.L.C. (In the Matter of Denver Merchandise Mart, Inc.)

Citation:
-- F.3d -- (5th Cir. 2014)
Ruling:
Affirmed judgment disallowing a $1.8 million portion of the lender's secured claim for a "Prepayment Consideration" under Colorado law because "[a]bsent a clear contractual provision to the...
Judge(s):
REAVLEY, DAVIS, and HIGGINSON (opinion from W. EUGENE DAVID)
Tag(s):

Thomas v. Federal National Mortgage Association (In re Thomas)

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 9 years 4 months ago
Citation:
United States Bankruptcy Appellate Panel of the 10th Circuit, Appeal No. WO-13-029.
Ruling:
The BAP affirmed the bankruptcy court's order confirming that Appellee had standing as a "party in interest" to seek a comfort order under 11 U.S.C. section 362(j), reviewing the bankruptcy court's...
Judge(s):
Karlin, Romero, and Jacobvitz, Bankruptcy Judges. Opinion by Karlin.
Tag(s):

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