Skip to main content

Page Banner(Taxonomy)

judge shepherd

Pierce v. Collection Assocs.

Mar
09
2015
Ruling
Debtor could not avoid prepetition garnishments of less than $600 dollars.
Issue(s)
Could preference period wage garnishment of less than $600 be avoided?

ABI Membership is required to access the full summary of Pierce v. Collection Assocs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 09, 2015 , LexisNexis #0415-044
LexisNexis Article
Learn More

Green Tree Servicing LLC v. DBSI Landmark Towers LLC

Aug
30
2011
Ruling
Sublease rejected by debtor landlord properly held terminated.
Procedural posture

Sublessee filed a declaratory judgment action in Minnesota state court, seeking to treat a sublease as terminated. Defendant building owners removed the case to the United States District Court for the District of Minnesota and cross-claimed for a declaratory judgment affirming the sublease. The district court granted the sublessee's motion for summary judgment. The owners appealed.

ABI Membership is required to access the full summary of Green Tree Servicing LLC v. DBSI Landmark Towers LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 30, 2011 , LexisNexis #0911-079
LexisNexis Article
Learn More

GAF Holdings LLC v. Rinaldi (In re Farmland Indus.)

Apr
04
2011
Ruling
Company held ineligible to bid in sale of debtor's assets lacked standing to set aside sale on basis that it was product of collusion.
Procedural posture

Appellant company filed a complaint alleging that appellees intentionally interfered with the company's business expectancy in purchasing a debtor's assets and participated in a civil conspiracy to conceal the real value of the assets. A bankruptcy court dismissed the complaint with prejudice. The United States Bankruptcy Appellate Panel for the Eighth Circuit affirmed the bankruptcy court's dismissal of the complaint. The company appealed.

ABI Membership is required to access the full summary of GAF Holdings LLC v. Rinaldi (In re Farmland Indus.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 04, 2011 , LexisNexis #0411-134
LexisNexis Article
Learn More

GAF Holdings LLC v. Rinaldi (In re Farmland Indus.)

Jun
10
2009
Ruling
Bankruptcy appellate panel erred in holding that bankruptcy court lacked subject matter jurisdiction over tort claims of unsuccessful bidder on chapter 11 debtor's assets.
Procedural posture

Appellee, the unsuccessful bidder in a sale of a chapter 11 debtor's assets, appealed after the Bankruptcy Court for the Western District of Missouri dismissed the tort claims that it asserted against appellant asset purchasers. The bankruptcy appellate panel (BAP) sua sponte found that the bankruptcy court lacked jurisdiction over the complaint. The purchasers challenged that decision. The bidder moved to dismiss the appeal.

ABI Membership is required to access the full summary of GAF Holdings LLC v. Rinaldi (In re Farmland Indus.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 10, 2009 , LexisNexis #0709-069
LexisNexis Article
Learn More

Tri-State Fin. LLC v. First Dakota Natl Bank

Aug
14
2008
Ruling
Bankruptcy court's allowance of prepayment charges on construction mortgage reversed as not provided for in terms of original note.
Procedural posture

Appellant bank filed a motion in bankruptcy court seeking allowance of a prepayment charge under 11 U.S.C.S. § 506(b). The bankruptcy court allowed the charge under 11 U.S.C.S. § 502(b). The United States District Court for the District of South Dakota affirmed the bankruptcy court's denial of payment under § 506(b) and reversed the allowance under § 502(b). The bank appealed; appellee purchaser cross-appealed.

ABI Membership is required to access the full summary of Tri-State Fin. LLC v. First Dakota Natl Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 14, 2008 , LexisNexis #0908-020
LexisNexis Article
Learn More
Subscribe to %1