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11 U.S.C. § 549. Postpetition transactions

C.W. Mining Co. v. Bank of Utah

Citation: 
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling: 
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a fully secured creditor could not be avoided pursuant to 11 U.S.C. ...
Judge(s): 
Mkovich, Brorby, and Murphy, Circuit Judges.
Read on...

Grede v. FCStone, LLC

Citation: 
Grede v. FCStone, LLC, No. 09 C 136 (7th Cir. Mar. 19, 2014)
Ruling: 
The court REVERSED the judgment of the district court. The pre-petition transfer was exempted from avoidance under Section 546(e), because it was a "settlement payment" and a transfer made "in connection with" a "securities contract." The pre-petition transfer ...
Judge(s): 
Manion, Rovner, and Hamilton.
Read on...

Rushton v. ANR Company, Inc, et al. (In re C.W. Mining Co.)

Citation: 
No. 12-4091 (10th Cir. January 22, 2014).
Ruling: 
With one exception (discussed below), the Tenth Circuit affirmed the district court’s dismissal of various consolidated bankruptcy appeals as statutorily moot by operation of § 363(m).
Judge(s): 
Tymkovich, Brorby, and Murphy.
Read on...

Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

Citation: 
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury required to have appellate standing to challenge the postpetition registration of prepetition ...
Judge(s): 
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Read on...

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

Citation: 
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling: 
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not a property interest. Alternatively, even if S Corp status ...
Judge(s): 
Ambro, Jordan, and Vanaskie
Read on...

Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

Citation: 
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling: 
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Judge(s): 
Smith, Beam and Gruender.
Read on...

Seaver v. Klein-Swanson (In re Klein-Swanson)

Citation: 
8th. Cir BAP (Case No. 12-6054) - March 22, 2013
Ruling: 
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show how the estate acquired ...
Judge(s): 
Federman, Schermer and Nail.
Read on...

Royal v. First Interstate Bank (In re Trierweiler)

Citation: 
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling: 
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no invalidating split between the note and the mortgage either when ...
Judge(s): 
Thurman, Brown and Somers.
Read on...

Compton v. Anderson (In re MPF Holdings US LLC)

Citation: 
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling: 
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the basis of recovery and referenced Exhibits to the debtor’s statement of ...
Judge(s): 
Stewart, DeMoss, Graves
Read on...

Seaver v. New Buffalo Auto Sales, LLC (In re Hecker)

Citation: 
Case No. 11-6007 (8th Cir. Oct. 20, 2011)
Ruling: 
The Court ruled that because there was no equity in the real property at issue on the petition date, judgment liens held by certain judgment holders, who ended up recovering on their judgment liens due to certain post-petition events, did ...
Judge(s): 
Schermer, Vetners, and Nail
Read on...
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