Home » Chapter 5 » SUBCHAPTER I » § 510

Liquidating Trust Committee of the Del Biaggio Liquidating Trust v. David Freeman (In re William James Del Biaggio, III)

Citation:
Ninth Circuit Court of Appeals, No. 13-17500 ((August 22, 2016)
Ruling:
General unsecured claim against individual debtor was properly subordinated pursuant to section 510(b) of the Bankruptcy Code because claim arose from an equity investment in an affiliate of the...
Judge(s):
Kozinski, Noonan and O'Scannlain
Tag(s):

PEM Entities LLC v. Province Grande Olde Liberty, LLC, et al. (In re Province Grande Olde Liberty, LLC)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 6 years 9 months ago
Citation:
Case No. 15-1669 (4th Cir., Aug. 12, 2016)
Ruling:
Fourth Circuit reviewed bankruptcy court's analysis of the eleven factors adopted in In re Dornier Aviation (North America), Inc., 453 F.3d 225 (4th Cir. 2006) and, in a per curiam decision,...
Judge(s):
Chief Judge Roger L. Gregory, Circuit Judge William B. Traxler, Jr., and Senior U.S. District Judge Joseph F. Anderson, sitting by designation
Tag(s):

Frederick J. Grede v. Bank of New York Mellon Corp. and Bank of New York (In re Sentinel Management Group, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 5 months ago
Citation:
Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
Ruling:
When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its...
Judge(s):
Posner, Easterbrook, Rovner (Posner)
Tag(s):

Antioch Co. Litigation Trust v. Morgan, et al.

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 7 years 6 months ago
Citation:
File Name 15a0778n.06; Docket No. 14-3790
Ruling:
The Sixth Circuit Court of Appeals affirmed in part and reserved in part pending certification of a question to the Ohio Supreme Court. The Court of Appeals affirmed dismissal of claims alleging...
Judge(s):
Guy, Moore and Kethledge, opinion by Guy
Tag(s):

Redmond v. Jenkins and Cimarron Energy Co., LLC (In re Alternate Fuels, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 11 months ago
Citation:
Redmond v. Jenkins, et al. v. Pommier, et al. (In re Alternate Fuels, Inc.), Case No. 14-3086 (10th Cir. June 12, 2015). Published.
Ruling:
Recharacterization is essential to a court’s ability to properly implement the priority scheme of the Bankruptcy Code and is determined under § 105(a) and not § 502(b); thus, the 10th...
Judge(s):
Kelly, Baldock, Phillips; Phillips Dissenting
Tag(s):

Pensco Trust Co. v. Tristar Esperanza Prop. (In re Tristar Esperanza Prop., LLC)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 8 years 2 months ago
Citation:
Case No. 13-60023 (9th Cir. CA April 2, 2015)
Ruling:
The Ninth Circuit Court of Appeal affirmed the Ninth Circuit Bankruptcy Appellate Panel. Despite the creditor not having an equity interest on the petition date; creditor's claim had sufficient...
Judge(s):
Consuelo M. Callahan, Paul J. Watford, and John B. Owens, Circuit Judges
Tag(s):

Khan v. Barton (In re Khan)

Citation:
Khan v. Barton (In re Khan), BAP Nos. CC-14-1021-TaDKi, CC-14-1041-TaDKi, CC-14-1062-TaDKi (B.A.P. 9th Cir. Dec. 9, 2014)
Ruling:
AFFIRMING the bankruptcy court, the Bankruptcy Appellate Panel of the Ninth Circuit held that mandatory subordination of creditor's claims was not required and that the bankruptcy court did not err...
Judge(s):
TAYLOR, DUNN, KIRSCHER
Tag(s):

In re Sentinel Management Group, Inc. (Appeal of Frederick J. Grede)

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 9 years 9 months ago
Citation:
10‐3787, 10‐3990 & 11‐1123
Ruling:
The 7th Circuit affirmed the District Court's denial of the illegal contract claim that had been filed by the Trustee but reversed the lower court's denial of fraudulent transfer and equitable...
Judge(s):
MANION, ROVNER, and TINDER
Tag(s):

O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC)

Citation:
O'Donnell v. Tristar Esperanza Properties, LLC (In re Tristar Esperanza Properties, LLC), BAP No. CC-12-1340-KlPaDu (9th Cir. BAP March 9, 2013) (for publication)
Ruling:
The Ninth Circuit BAP AFFIRMED the bankruptcy court's granting of summary judgment to the Appellee with respect to its section 510(b) claim, holding that a right to payment arising from a judgment...
Judge(s):
Albert, Klein (sitting by designation), Pappas, and Dunn, United States Bankruptcy Judges
Tag(s):

In re Sentinel Management Group, Inc.

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 10 years 10 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
Judge(s):
Manion, Rovner and Tinder, Circuit Judges.
Tag(s):

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