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Summaries by Daniel Waxman
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 2 weeks 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 , KEWA Financial Inc.
- 9 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 , KEWA Financial Inc.
- 9 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):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 2 months ago
- Citation:
- 6th Cir, B.A.P. Case No. 15-8056 (6th Circuit, Nov 29,2016) Published
- Case Status:
- Reversed and Remanded
- Ruling:
The Bankruptcy Court abused its discretion in denying the debtor's motion to reopen his chapter 7 case, pursuant to section 350(b), based solely upon the passage of time, where the debtor...
- Judge(s):
- Harrison, Preston, Wise
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 6 months ago
- Citation:
- Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)
- Ruling:
- Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed...
- Judge(s):
- Ambro, Jordan, and Scirica
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 6 months ago
- Citation:
- Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
- Ruling:
- Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
- Judge(s):
- Flaum & Bauer, with Wood dissenting.
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 8 months ago
- Citation:
- UTC of Sparrer Sausage Co., Inc. v. Jason's Foods, Inc., Case No. 15-2356 (7th Cir. Jun. 10, 2016)
- Ruling:
- The Bankruptcy Court and District Court applied too narrow of a baseline range in determining whether preference-period payments made by a debtor were subject to the subjective ordinary course of...
- Judge(s):
- Flaum, Williams, and Sykes
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 8 months ago
- Citation:
- In re Sobczak-Slomczewski, Case No. 15-1162 (7th Cir. Jun. 13, 2016)
- Ruling:
- Federal Rule of Bankruptcy Procedure 8002(a)(1), which requires that a notice of appeal shall be filed within 14 days of a bankruptcy court's order, is a mandatory jurisdictional rule.
- Judge(s):
- Ripple, Rovner, and Williams
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 9 months ago
- Citation:
- In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)
- Ruling:
- 1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured.
2. A settlement outside of the...
- Judge(s):
- Greenaway Jr., Vanaskie, and Shwartz
- Tag(s):
-
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 10 months ago
- Citation:
- Liebzeit v. Intercity State Bank, et al. (In re Blanchard), Case No. 15-1970 (7th Cir. App. Apr. 14, 2016)
- Ruling:
- 1. Under Wisconsin law, a mortgage can properly attach a lien to a vendor's interest in a land contract.
2. The lender perfected it's lien on the vendor's interest by recording a mortgage in...
- Judge(s):
- Hamilton, Posner, Ripple
- Tag(s):
-
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