Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
In Re DBSI, Inc.
(United States Ninth Circuit) – Affirming decisions by the bankruptcy court and district court that the Congress had unambiguously abrogated sovereign immunity as it relates to actions associated with bankruptcy, an abrogation that extends to derivative ‘applicable laws’ such as Idaho’s Uniform Fraudulent Transfer Act and the government could not rely on sovereign immunity to prevent the avoidance of the tax payments at issue.
Jin Zhi Star (US) Company v. Welt et al
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
BRE DDR BR Whittwood CA LLC v. Farmers and Merchants Bank of Long Beach
(California Court of Appeal) – Reversing a trial court summary judgement for the landlord in an action to recover rents from a lender that had received the interest in property held by a tenant in foreclosure that argued it should only pay the amount owed for the period in which they were in possession and the court agreed that the purchase of the leasehold in the case, identified in a deed of trust by reference to a lease, did not constitute an express agreement to assume the obligations of the lease.
Rezende v. Ocwen Loan Servicing, LLC
(United States First Circuit) – Affirming a district court judgment on the pleadings for the defense because a mortgagor lacks standing to bring a quiet title action as long as the mortgage remains in effect, the court correctly found some claims time-barred, while other claims lacked support for conclusory assertions, among other procedural defects.
DZ Bank Agdeutsche Zentral-Genossenschaft Bank v. Meyer
(United States Ninth Circuit) – Reversing the district court’s decision affirming a bankruptcy court judgment in favor of the creditor in a proceeding where they alleged that the debtors fraudulently transferred assets in order to place them out of the creditor’s reach because although actual fraud occurred the bankruptcy court erred in limiting relief to the value of assets directly traceable to the creditor’s security interest and holding that they could recover the full amount they would have been able to recover if they had been able to execute against the debtor’s ownership interest in a closely-held corporation to which the debtor transferred the assets.
Coletta v. The Bank of New York Mellon
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Bank of New York Mellon v. Watt
(United States Ninth Circuit) – Dismissing an appeal from a district court order vacating the bankruptcy court’s confirmation of a Chapter 13 plan because they lacked jurisdiction over an order of this sort, which is not a final order that might be appealed and the parties did not seek the forms of certification that would have provided jurisdiction.
Kapila v. Davis, Graham & Stubbs LLP et al
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
In Re Rick H. Reynolds
(United States Ninth Circuit) – Reversing the decision of the Bankruptcy Appellate Panel following the California Supreme Court’s opinion answering a certified question regarding whether the creditors of the beneficiary of a spendthrift trust may reach the trust distributions and holding that the bankruptcy estate is entitled to the full amount of distributions due to be paid as of the date of the bankruptcy petition, but not any portion needed for support or education as long as the trust so specifies.