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State Bank of Toulon v. Covey (In re Duckworth)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 11 years 7 months ago
Citation:
In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
Ruling:
Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation...
Judge(s):
Flaum, Rovner, Hamilton
Tag(s):

Haig v. Shart (In re Shart)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 11 years 7 months ago
Citation:
9th Cir. BAP No. CC-14-1065-SpDTa (November 14, 2014)
Ruling:
Clear error is not demonstrated by pointing to conflicting evidence in the record. Since no partnership ever existed, Ms. Schardt is not vicariously liable for any of the partnership debts. ...
Judge(s):
SPRAKER, DUNN and TAYLOR
Tag(s):

Ellis v. Yu (In re Ellis)

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 7 months ago
Citation:
NC-14-1052-PAJuKu (B.A.P. 9th Cir. November 19, 2014)
Ruling:
The BAP panel dismissed appeal as moot. After filing the appeal, Debtor's Chapter 13 case was converted to a Chapter 7 and a discharge was entered. The BAP held it could not exercise jurisdiction...
Judge(s):
BAP Panel: Pappas, Jury, and Kurtz.
Tag(s):

Morton v. Yonkers (In the Matter of Vallecito Gas, LLC)

  • Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
  • 11 years 7 months ago
Citation:
Harvey Morton, Trustee v. Yonkers, et. al; No. 13-10926
Ruling:
Chapter 11 trustee could not void overriding royalty interests in a gas lease on lands belonging to the Navajo Nation based solely on the fact that the Navajo Nation had not approved the transfers...
Judge(s):
Jolly, Jones and Africk
Tag(s):

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