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Bennett v Garner

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Summaries by Daniel Waxman

IN RE: LICKING RIVER MINING, LLC

Citation:
17-6310 (6th Circuit, Dec 28,2018) Published
Case Status:
Affirmed
Ruling:
Fees of debtor and committee professionals were properly payable from "carveout" contained in Final Cash Collateral Order, notwithstanding conversion of case to Chapter 7 and despite lender's...
Judge(s):
Merritt, Daughtrey, and Stranch
Tag(s):

Trost v. Trost

Citation:
17-1877 (6th Circuit, May 30,2018) Not Published
Case Status:
Affirmed
Ruling:
Federal court conversion judgment was entitled to collateral estoppel effect and was excepted from discharge as arising from a "willful and malicious injury" as defined by 11 USC 523(a)(6).
Judge(s):
Moore, Cook, and McKeague
Tag(s):

Marshall v. Blake

Citation:
17-2809 (7th Circuit, Mar 22,2018) Published
Case Status:
Affirmed
Ruling:
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
Judge(s):
Flaum, Bauer, and Manion
Tag(s):

Hendricks v. Novae Corp. Underwriting, Ltd.

Citation:
16-1712 (7th Circuit, Aug 08,2017) Published
Case Status:
Affirmed
Ruling:
Settlement of cause of action between plaintiff and defendant where defendant agrees to a judgment in the full amount of the claim and assigns its claim against its insurer (who has declined...
Judge(s):
Posner, Williams, and Sykes
Tag(s):

Arrow Oil & Gas, Inc. v. J. Aron & Company (In re Semcrude L.P.)

Citation:
15-3094, 15-3095, 15-3096, 15-3097, 15-3121, 15-3123, 15-3124, (3rd Circuit, Jul 19,2017) Published
Case Status:
Affirmed
Ruling:
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
Judge(s):
Ambro, Jordan and Fisher
Tag(s):

Indian Harbor Insurance Co. v. Zucker

Citation:
16-1695/1697/1698 (6th Circuit, Jun 20,2017) Published
Case Status:
Affirmed
Ruling:
'Insured vs. Insured' exclusion in D&O insurance policy bars claims by a liquidating trustee against directors and officers of the company because such claims are brought by, on behalf of, or in...
Judge(s):
Sutton, Daughtrey, and Donald (dissenting)
Tag(s):

Mack v. ResCap Borrower Claims Trust

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action. 2, Proof of claim for debtor's failure to timely respond under RESPA was...
Judge(s):
Winter, Cabranes, Lynch
Tag(s):

Patrick v. CitiMortgage, Inc.

Citation:
Case No. 16-3436 (6th Circuit, Jan 23,2017) Not Published
Case Status:
Affirmed
Ruling:
Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from...
Judge(s):
Merritt, Clay and Donald
Tag(s):

Loventhal v. Edelson

Citation:
16-1290 (7th Circuit, Dec 21,2016) Published
Case Status:
Affirmed
Ruling:

Tenancy by the entirety property transferred to a trust is exempt, pursuant to 522(b)(3)(B), because, applicable state law, the Illinois Joint Tenancy Act, provides that such property is...

Judge(s):
Posner, Kanne, Sykes
Tag(s):

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