Legal Opinion

Wells Fargo Bank, N.A., F/k/a Wells Fargo Bank Minnesota, N.A., Indenture Trustee v. Brooksamerica Mortgage Corporation and Michael Wayne Brooks

Court of Appeals for the Second Circuit

Decided August 15, 2005No. Docket 04-5306-CV(L), 04-5768(CON)PublishedCited by 14 opinions

1Opinion of the Court

KEENAN, District Judge.

BrooksAmerica Mortgage Corporation (“BrooksAmerica”) and its principal officer, Michael Wayne Brooks (“Brooks”), appeal from the denial of their motion for summary judgment, and from the grant of the cross-motion for summary judgment of Wells Fargo Bank, N.A. (“Wells Fargo”). The United States District Court for the Southern District of New York (Baer, J.) awarded Wells Fargo all rental payments past due under an equipment lease, with pre-judgment interest thereon; all present and future rent payments as they become due and owing; and attorneys’ fees as provided under…

2Cases cited5 opinions

  1. Miller v. Wolpoff & Abramson, L.L.P.Court of Appeals for the Second Circuit · 2003
  2. John Hancock Mutual Life Insurance Co. v. Amerford International Corp.Court of Appeals for the Second Circuit · 1994
  3. West Virginia, Department of Finance & Administration v. Hassett (In Re O.P.M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
  4. Colorado Interstate Corporation Colorado Interstate Gas Company v. The Cit Group/equipment Financing, Inc.Court of Appeals for the Tenth Circuit · 1993
  5. Rubens v. MasonCourt of Appeals for the Second Circuit · 2004

3Cited by14 opinions

  1. Lehman Bros. Holdings v. JPMorgan Chase Bank, N.A. (In re Lehman Bros. Holdings)District Court, S.D. New York · 2015
  2. Federal Trade Commission v. IFC Credit Corp.District Court, N.D. Illinois · 2008
  3. Reliastar Life Insurance v. Home Depot U.S.A., Inc.Court of Appeals for the Second Circuit · 2009
  4. De Lage Landen Financial Services, Inc. v. Rasa Floors, LPDistrict Court, E.D. Pennsylvania · 2011
  5. In re Republic Airways Holdings Inc.United States Bankruptcy Court, S.D. New York · 2019

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