The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Bucher v. Dakota Finance Corporation (In re Whitaker), Case No. 12-6004, --- F.3d --- (B.A.P. 8th Cir. July 19, 2012) (slip opinion) (Federman, J.)
Ruling:
AFFIRMING the bankruptcy court’s orders dismissing trustees’ adversary proceedings against a tribe and its subsidiary, the Bankruptcy Appellate Panel for the Eighth Circuit held that both the...
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
The Seventh Circuit was not persuaded by Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), and held that, when an intellectual-property license is...
REVERSING the bankruptcy court's order denying the debtors' motion to avoid Commercial Bank's judicial lien, the Eighth Circuit BAP held that because both debtors' property would be exempt under...
Wright v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012) (Precedential)
Ruling:
AFFIRMING in part and REVERSING in part judgment of the United States District Court for the Western District of Pennsylvania. The Third Circuit Court of Appeals confirmed its test for defining a...
Bushnell v. Bank of the West (In re Bushnell), Case No. 11-6083 (8th Cir. BAP May 8, 2012)
Ruling:
An owner of property in which the debtor has no legal or equitable interest is a party in interest in the debtor's bankruptcy case that may be entitled to seek and receive relief from the automatic...
Judge(s):
Kressel, Chief Judge, Schermer (wrote the opinion), and Federman, Bankruptcy Judges.
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
13 years 11 months ago
Citation:
Cantu v International Bank of Commerce (In re Cantu) (5th Cir. S.D. Tex. Mar. 2012)(unpublished)
Ruling:
Section 348(d) did not transform a lien on the Debtor's post-petition receivables, arising from a settlement approved by the Bankruptcy Court prior to conversion, into one treated as existing...
Summarized by Dean Langdon , DelCotto Law Group PLLC
13 years 12 months ago
Citation:
12a0069p.06; Docket No. 10-2103
Ruling:
In affirming the rulings of the courts below overruling the objection of the Michigan Department of Treasury ("Treasury") to the debtor's protective claim, the Sixth Circuit Court of Appeals held...
Judge(s):
Martin, Gibbons and Steeh (District Judge); authored by Hon. Julia Smith Gibbons
Summarized by George Spathis , Horwood Marcus & Berk Chartered
14 years 2 days ago
Citation:
Non-precedential Disposition: United States Circuit Court of Appeals for the Seventh Circuit, 11-3193
Ruling:
The Seventh Circuit held that debts are not except from discharge by 11 USC §523(a)(2)(A) unless the alleged fraud relates to something other a false statement regarding the Debtor's overall...
Judge(s):
Hon. Frank H. Easterbrook, Chief Judge, Hon. William J. Bauer, Hon. Dianee P. Wood
