Summarized by Paul Hage , Taft, Stettinius & Hollister, LLP
11 years 9 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
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)
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.
Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
12 years 7 months ago
Citation:
Grogan v. Harvest Capital Company, et al. (In re Grogan), B.A.P. No. OR-12-1483 (9th Cir. B.A.P., October 15, 2013) (Not for Publication)
Ruling:
In an unpublished decision, the Bankruptcy Appellate Panel of the Ninth Circuit affirmed the entry of partial judgment by the Bankruptcy Court, construing the Appellees' security agreements as...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 8 months ago
Citation:
In re Harry Ville Talermo, 10th Cir. BAP., WY-13-021 (September 23, 2013) [NOT FOR PUBLICATION]
Ruling:
In an unpublished opinion, the bankruptcy appellate panel for the 10th Circuit, reversed and remanded the bankruptcy court's order granting the trustee's motion for summary judgment, which...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 9 months ago
Citation:
In re: American Bank FSB, 6th Cir Court of Appeals, No. 12-6349, (August 16, 2013)
Ruling:
In an opinion recommended for full text publication, the 6th Circuit Court of Appeals affirmed the ruling by the district court, that, in regards to the competing secured claims by American Bank...
Judge(s):
Circuit Court Judges: GIBBONS, SUTTON and KETHLEDGE
Bank of the West v. Damon Pursell Construction Company (In re Damon Pursell Construction Co.), Case No. 13-6015
Ruling:
The BAP affirmed the decision of the bankruptcy court granting summary judgment in favor of Bank of the West ("BOW") and rejecting National Bank of Kansas City's ("NBKC") request for equitable...
Affirming the bankruptcy court (the “BC”), the Bankruptcy Appellate Panel (the “BAP”) for the Eighth Circuit held that a creditor loses its possessory lien in deposit accounts when it...
Judge(s):
Federman, Chief Judge, Schermer, and Nail, bankruptcy judges.
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 11 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
