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Slobodian v. I.R.S

Citation: 
No. 15-2833 (3d Cir. May 10, 2016)
Ruling: 
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four of the five payments were not ...
Judge(s): 
SMITH and HARDIMAN, Circuit Judges
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In re Energy Future Holdings Corp. et al.

Citation: 
In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)
Ruling: 
1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the plan-confirmation context need not comply with the Bankruptcy ...
Judge(s): 
Greenaway Jr., Vanaskie, and Shwartz
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Valence Technology, Inc. v. KPMG Corporate Finance, L.L.C. (In re: Valence Technology, Inc.)

Citation: 
Case No. 15-50381 (5th Cir. 05/04/16) (unpublished)
Ruling: 
Per curiam: Affirmed; language in Advisors' engagement agreements specifically carved out success fees payable for certain identified parties, making general exclusion of success fee for satisfaction of existing debts inapplicable to any consideration received from those identified parties. Because one ...
Judge(s): 
Prado, Owen, and Haynes, Circuit Judges
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Lane v. Lane

Citation: 
Lane v. Lane, et al., Case No. 15-8092 (10th Cir. May 10, 2016).
Ruling: 
Claims of fraud against a bankruptcy estate are statutory causes of action belonging to the trustee, not to the bankrupt, and the trustee asserts them for the benefit of the bankrupt’s creditors, whose rights the trustee enforces. Since the ...
Judge(s): 
Lucero, Matheson, Bacharach (Lucero)
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In re Tench

Citation: 
Case No. 15-8026 (6th Cir. BAP 2016)
Ruling: 
There is no provision in Chapter 13 for a proof of claim filed after the bar date. Rule 3002 sets bar date that can be expanded only for specific grounds which did not apply. Rule 9006 did not ...
Judge(s): 
Delk, Humphrey, Opperman
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