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

Wharton v. Schwartzer (In re Wharton)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 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
  • 9 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):

Privitera v. Curran

  • Summarized by William Amann , Amann Burnett, PLLC
  • 9 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
  • 9 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
  • 10 years 1 week 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
  • 11 years 1 month 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.
  • 11 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
  • 11 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):

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