About "Volo"

Volo is a Latin word for speed, more rapidly. The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of editors from around the country will summarize new appellate opinions, posted here at the Volo website. The summary includes the full text of the opinion. ABI Members can also subscribe to an RSS feed to receive summaries as soon as they are posted. Opinions will be summarized within 24 hours.

Volo editor: Scott F. Gautier
Peitzman Weg LLP; Los Angeles, CA

Provided by the American Bankruptcy Institute

Krys v. Pigott

Citation: 
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling: 
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty; "constructive knowledge" is insufficient. The Court raised, but ...
Judge(s): 
Kearse, Pooler, and Livingston
Read on...

Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

Citation: 
12-3901-cv
Ruling: 
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can proceed to the merits of the other party does not object. Precedent of ...
Judge(s): 
Hall, Livingston and Droney
Read on...

Borges v. AG New Mexico (In re Borges)

Citation: 
Borges v. AG New Mexico (In re Borges), BAP No. NM-13005 (BAP 10th Cir. 2014)
Ruling: 
Creditor's lien on certain real estate could be avoided under 11 U.S.C. Section 544(a)(3) because under New Mexico law, the recording of a corrected mortgage which added property omitted from the legal description in prior mortgage but was not signed ...
Judge(s): 
Michael, Nugent, and Somers
Read on...

Kim v. Dome Entertainment Ctr, Inc.

Citation: 
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling: 
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor spouse. The Fifth Circuit relied on a 1983 Supreme Court case where ...
Judge(s): 
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Read on...

Cox, Trustee v. Momar Inc. (In re Affiliated Foods Southwest Inc.)

Citation: 
Cox v. Momar Inc., No. 13-1721 (8th Cir. April 10, 2014)
Ruling: 
The 8th Circuit affirmed the U.S. District Court's (E.D. Arkansas) grant of summary judgment in favor of defendant, finding that ordinary course of business exception barred avoidability of otherwise preferential transfer. Court concluded transfer was made in the ordinary course ...
Judge(s): 
Wollman, Loken, Kelly
Read on...
Syndicate content