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Judge Clevenger

Lange v. Inova Capital Funding LLC (In re Qualia Clinical Serv.)

Creditor sought review of a decision of the U.S. Bankruptcy Appellate Panel (BAP) for the U.S. Court of Appeals for the Eighth Circuit, which upheld a bankruptcy court's decision in favor of appellee trustee in his petition seeking to avoid as a preferential transfer under 11 U.S.C.S. § 547(c)(5) a security interest recorded by the creditor shortly before the bankruptcy petition.
Ruling: 
Bankruptcy appellate panel properly avoided security interest recorded one month before petition date.
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Commercial case opionion summary, case decided on August 30,2011, LexisNexis #0911-092

Hazelquist v. Guchi Moochie Tackle Co.

Plaintiff, a holder of patent rights, filed a complaint against defendants, a tackle company, and its owner, alleging infringement. The holder appealed from an order of the District Court for the Western District of Washington dismissing his claims against the owner, and its order denying his motion for reconsideration.
Ruling: 
Patent infringement cause of action was not barred by a discharge injunction, and dismissal of the claim was reversed since the alleged further infringements occurred postdischarge.
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