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Cervantes v. Countrywide Home Loans, Inc.

Citation:
2011 DJDAR 13682
Ruling:
Plaintiffs failed to state a cause of action for wrongful foreclosure when alleging that use of MERS as the named beneficiary caused a split between the deed of trust and note.
Judge(s):
Richard C. Tallman; Johnnie B. Rawlinson, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Callahan.
Tag(s):

Keeley and Grabanski Land Partnership v. Keeley (In re Keeley and Grabanski Land Partnership)

Citation:
No. 11-6020 (8th Cir. B.A.P. September 6, 2011).
Ruling:
The Eighth Circuit BAP affirmed the appointment of a chapter 11 trustee in the involuntary bankruptcy case of a partnership based on numerous allegations of misconduct and and fraudulent behavior...
Judge(s):
Federman, Schermer and Nail
Tag(s):

Ritchie Capital Management, L.L.C. v. Jeffries

Citation:
United States Court of Appeals for the Eighth Circuit, No. 10-2568
Ruling:
The court held that a purportedly secured lender's claims against non-debtor insiders of the borrower entity, which had been placed in federal court receivership, were not barred by the anti-suit...
Judge(s):
Wollman, Bye, and Shepherd
Tag(s):

In re Longview Aluminum, L.L.C.

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 14 years 9 months ago
Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo. If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
Tag(s):

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