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Meoli v. Huntington Nat'l Bank

Ruling: 
Trustee allowed to recover from bank all direct loan repayments received after bank's proven good faith ended. (6th Cir. Mich.)
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Consumer case opionion summary, case decided on February 08,2017, LexisNexis #0317-043

City & County of San Francisco v. PG&E Corp.

Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.
Ruling: 
State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
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Briggs v. Labarge (In re Phillips)

Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
Ruling: 
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
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Cohen v. KB Mezzanine Fund II LP (In re SubMicron Sys. Corp.)

A creditors' committee in a bankruptcy case brought an adversary proceeding against appellee lenders challenging a sale under 11 U.S.C. § 363(b) of debtors' assets; appellant plan administrator was substituted for the committee. The district court withdrew the reference to the bankruptcy court and approved the sale. The administrator appealed.
Ruling: 
Asset sale approval was affirmed since the bankruptcy court did not err in characterizing the lenders'financing as debt rather than equity and since the lenders were allowed to credit bid the full face value of their claims against the debtor's estate.
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In re Kmart Corp.

Appellant credit card company sought review of a decision from the district court, which found that appellee, a large retail store chain, was entitled to continue its contract with the credit card company that provided for a co-branded credit card even though the retail chain had filed for bankruptcy.
Ruling: 
Retailer was entitled to assume an executory contract with a credit card company providing for a co-branded credit card postfiling since the retailer was not in breach of contract.
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Educ. Credit Mgmt. Corp. v. Frushour (In re Frushour)

Appellant student loan management company appealed from the order of the district court, which held that appellee debtor satisfied the undue hardship requirement in 11 U.S.C. § 523(a)(8) and was entitled to discharge her student loans.
Ruling: 
Discharge of debtor's student loans due was overturned since the debtor had failed to show undue hardship
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In re Armstrong World Indus.

Appellant debtor corporation and two of its subsidiaries filed a chapter 11 petition for bankruptcy. An unsecured creditors committee filed objections to the bankruptcy court's proposed findings and conclusions with the district court. The district court denied confirmation of the bankruptcy reorganization plan. The debtor corporation appealed.
Ruling: 
Debtor corporation was denied confirmation of its chapter 11 reorganization plan because the plan's distribution of warrants to equity interest holders over the objection of a class of unsecured creditors violated the absolute priority rule.
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