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Summaries by Daniel Waxman
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 2 months 2 weeks ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 7 months 1 week ago
- Citation:
- 17-3159 (3rd Circuit, Jul 17,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Profit-sharing provision in a lease triggered upon assignment of the lease is an unenforceable anti-assignment provision pursuant to 11 U.S.C. 365(f)(1)
- Judge(s):
- McKee, Shwartz, Cowen
- Tag(s):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 9 months 3 weeks ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 11 months 2 weeks ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 1 year 6 months ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 1 year 8 months ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 1 year 9 months ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 2 years 1 month ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 2 years 1 month ago
- 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):
-
- Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
- 2 years 2 months ago
- 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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