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October 24, 2010
Circuit Court of Appeals Cases from Last Week
United States First Circuit, 10/22/2010
In re Handy, --- F.3d --- (1st Cir. 2010)
Motion for relief from stay against a debtor to bring action under the Uniform Fraudulent Transfer Act (UFTA) denied where: 1) plaintiff has not stated a claim in rem; 2) plaintiff's claim that he may purse his fraudulent conveyance claim post-discharge is rejected; and 3) that plaintiff was obliged to object to debtor's claim of a homestead exemption is not properly before the court.
United States Fifth Circuit, 10/20/2010
In re SCOPAC, --- F.3d --- (5th Cir. 2010)
Bankruptcy court erred in denying creditor's "superpriority" administrative claim
United States Seventh Circuit, 10/18/2010
Costello v. Grundon, --- F.3d --- (7th Cir. 2010)
1) district court's grant of summary judgment in favor of the trustee affirmed where borrowers' lacked standing to assert the alleged violations of Regulations G and U as affirmative defenses; 2) district court's grant of trustee's MSJ vacated with respect to the affirmative defenses of illegality under section 10(b) and SEC Rule 10b-5, illegality under section 17(a) of the Securities Act of 1933, set off for fraud, set-off for negligent misrepresentation, and excuse-of-nonperformance; and 3) given the disposition of the appeals from the grants of summary judgment, the appeals from the Amended Judgments are dismissed as moot.
United States Seventh Circuit, 10/20/2010
Redmond v. Fifth Third Bank, --- F.3d --- (7th Cir. 2010)
Debtor's motion to reopen his bankruptcy case, claiming that a bank's foreclosure suit was in violation of the bankruptcy court's ordersdenied where: 1) the motion to reopen was untimely; 2) the state court was an appropriate forum to litigate debtor's potential claims, and his bankruptcy arguments were, in any event, meritless; and 3) the debtor was not denied a fair hearing.
United States Ninth Circuit, 10/21/2010
Ahcom, Ltd. v. Smeding, --- F.3d --- (9th Cir. 2010)
Creditor of a corporation in bankruptcy has standing to assert a claim against the corporation's sole shareholders on an alter ego theory.
Thanks to Findlaw.com
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An Average American citizens battles for over seven years to bring Chase into court for the undeniable violations of law they committed during the operation of my business...just wanna share about this.
Posted by: scoremore | Nov 3, 2010 4:51:58 AM