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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Lange v. Mutual of Omaha Bank (In re Negus-Sons, Inc.)

Citation:
8th Circuit BAP, No. 11-6062 (December 22, 2011)
Ruling:
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...
Judge(s):
KRESSEL, Chief Judge, SCHERMER, and VENTERS.
Tag(s):

Ruby Robinson Co., Inc. v. Herr

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Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR.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In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under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
Tag(s):

City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLC (In re American Cartage, Inc.)

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...
Judge(s):
Selya (author), Howard and Thompson
Tag(s):

Lange v. Inova Capital Funding, LLC (In re Qualia Clinical Service, Inc.)

Citation:
No 11-1201
Ruling:
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...
Judge(s):
Colloton, Clevenger, and Benton
Tag(s):

Metz v. Unizan Bank

Citation:
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....
Judge(s):
Martin, Norris, and Siler
Tag(s):

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