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Topic: Bankruptcy Litigation

Manty v. Johnson (In re Johnson)

Citation: 
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th Circuit Bankruptcy Appellate Panel concluded that the property tax refund ...
Judge(s): 
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
Read on...

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

Citation: 
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling: 
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her interest in property seven months before filing Chapter 7 ...
Judge(s): 
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Read on...

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...

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...

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...

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...

Fernandez v. Havana Gardens, LLC

Citation: 
11th Circuit Court of Appeals Case Number 13-10681 (will not be published).
Ruling: 
The 11th Circuit Court of Appeals affirmed a decision of the United States District Court for the Southern District of Florida.
Judge(s): 
Tjoflat, Pryor and Edmondson
Read on...

Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
Read on...

Spokane Law Enforcement FCU v. Barker (In re Barker)

Citation: 
In Re Barker, 9th Cir. B.A.P., MT-13-1393-JuKuPa (March 28, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the ruling by the bankruptcy court which held, the bankruptcy court did not have the discretion to allow a late filed proof of claim in a chapter 13 case ...
Judge(s): 
JURY, KURTZ, and PAPPAS,
Read on...

Cathay Enterprises, Inc. v. Design Trend International Interiors Ltd. (in the Matter of Cathay Enterprises, Inc.)

Citation: 
Cathay Enterprises, Inc. v. Design Trend Int'l Interiors Ltd. (In re Cathay Enterprises, Inc.), No. 12-15650 (9th Cir. Mar. 31, 2014) (unpublished)
Ruling: 
The Ninth Circuit affirmed the district court's judgment in favor of defendant as to liability, but reversed and remanded for the calculation of prejudgment interest and attorneys' fees. As to liability, the Ninth Circuit affirmed the district court's reversal ...
Judge(s): 
Wallace, McKeown, and Gould
Read on...
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