Bank of the West v. Damon Pursell Construction Co. (In re Damon Pursell Construction Co.)

Citation:
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...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

North American Banking Co. v. Leonard (In re WEB2B Payment Solutions, Inc.)

Citation:
No. 12-6047 (B.A.P. 8th Cir. Mar. 25, 2013)
Ruling:
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.
Tag(s):

The Samuel J. Temperato Revocable Trust v. Unterreiner (In re Unterreiner)

Citation:
No. 12-1138 (8th Cir. Nov. 8, 2012)
Ruling:
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.
Tag(s):

Allen v. US Bank (In re Allen)

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.
Judge(s):
Pappas, Dunn, and Hollowell, Bankruptcy Judges
Tag(s):

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Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR.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In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability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