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In re Allen

Citation: 
No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling: 
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
Judge(s): 
Fisher, Scirica, Cowen
Read on...

State of Mich. Workers' Comp. Ins. Agency v. ACE Am. Ins. Co. (In re DPH Holdings Corp.)

Citation: 
No. 13-3305-bk (Summary Order)
Ruling: 
Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require abstention under Buford v. Sun Oil Co., 319 U.S. 315 (1943). ...
Judge(s): 
Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
Read on...

Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC

Citation: 
Endeavor Energy Resources, L.P. v. Heritage Consolidated, LLC., 5th Cir. Court of Appeals, No. 13-10969, September 16, 2014
Ruling: 
The 5th Circuit Court of Appeals affirmed the 5th Circuit District Court’s dismissal of Drillers’ constructive trust and equitable lien claims. The 5th Circuit Court of Appeals reversed and remanded the district court’s grant of summary judgment on Drillers’ ...
Judge(s): 
STEWART, Chief Judge, and HIGGINBOTHAM and ELROD, Circuit Judges
Opinion Authored by JENNIFER WALKER ELROD, Circuit Judge:
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U.S.A. v. Federal Resources Corp.

Citation: 
United States v. The Coeur D'Alenes Company, Case 12-36065 (9th Cir. September 16, 2014)
Ruling: 
The district court did not abuse its discretion in failing to consider comparative fault and focusing solely on a company's limited ability to pay in assessing the fairness of a CERCLA consent decree. Although, this would create disproportionate liability ...
Judge(s): 
Circuit Judges A. Wallace Tashima and Mary H. Murguia; District Judge Cormac J. Carney, sitting by designation
Read on...

Vehicle Market Research, Inc. v. Mitchell Intl., Inc.

Citation: 
Vehicle Market Research, Inc. v. Mitchell International, Inc., No. 12-3333 (10th Cir. Sept. 17, 2014)
Ruling: 
Tenth Circuit reversed trial court, ruling that judicial estoppel did not apply to bar claim by plaintiff where plaintiff's principal attested in bankruptcy that value of stock in company was valueless, but company (through principal) then asserted in suit that ...
Judge(s): 
Kelly, Ebel, and Bacharach
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