Summarized by Laury Macauley , Macauley Law Group, a Professional Corporation
14 years 1 month ago
Citation:
--F.3d-- (9th Cir. 2012); case no. 10-56128
Ruling:
The Ninth Circuit Court of Appeals affirmed the holding of the U.S. District Court and reversed the Bankruptcy Court, finding that there is no "whole enterprise exception" to the application of the...
Judge(s):
The Honorable Dorothy W. Nelson, the Honorable Ronald M. Gould, and the Honorable Sandra S. Ikuta, Circuit Judges.
A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...
United States Bankruptcy Panel for the Eighth Circuit, No. 11-6065
Ruling:
The BAP held that the dispute involving the parties' respective claims regarding the life insurance policy in question was a core proceeding under 28 U.S.C. 157(b)(2), and that the bankruptcy court...
The Bankruptcy Appellate Panel reversed the bankruptcy court's ruling. In its reversal, the BAP ruled that the creditor's judicial liens are avoidable, reversed the bankruptcy court's denial of...
Judge(s):
Chief Judge - KRESSEL
Bankruptcy Judges - SCHERMER and SALADINO
For purposes of recovering fraudulent transfers (§ 548(a)), all transfers made in furtherance of a Ponzi scheme are presumed to have been made with fraudulent intent. Therefore, it is presumed...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 6 months ago
Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo.
If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
