Home » Chapter 5 » SUBCHAPTER III » § 541

Irving Tanning Company v. Maine Superintendent of Insurance

  • Summarized by Nathaniel Hull , Verrill Dana, LLP
  • 9 years 7 months ago
Citation:
In re Irving Tanning Co., BAP No. EB 12-077, 2013 WL 4400254 (1st Cir. BAP, Aug. 15, 2013)
Ruling:
Section 1123(a)(5), which provides for a plan’s implementation “[n]otwithstanding any otherwise applicable nonbankruptcy law” does not “permit the Debtors to overwrite” state...
Judge(s):
Lamoutte, Bailey, and Cabán
Tag(s):

Leitch v. Christians (In re Leitch)

  • Summarized by Sarah Smegal , Hackett Feinberg PC
  • 9 years 8 months ago
Citation:
Leitch v. Christians (In re Leitch), No. 13-6009 (8th Cir. B.A.P. Jul. 16, 2013)
Ruling:
The BAP on de novo review AFFIRMED the Bankruptcy Court's determinations that: (1) the Debtor's health savings account ("HSA") was not excluded from the Debtor's bankruptcy estate pursuant to...
Judge(s):
Federman, Saladino, Nail
Tag(s):

Peoples v. Radloff (In re Peoples)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 9 years 9 months ago
Citation:
No. 12-6065 (B.A.P. 8th Cir. July 2, 2013)
Ruling:
A debtor lacks standing to set aside an order approving a trustee’s settlement of litigation when the debtor does not have a pecuniary interest in the litigation. To establish standing by way of...
Judge(s):
Kressel, Saladino and Shodeen, Bankruptcy Judges.
Tag(s):

In re DeSouza

  • Summarized by David Baker , Law Office of David G. Baker
  • 9 years 9 months ago
Citation:
BAP No. MW12-091
Ruling:
BAP REVERSED and remanded, holding that post-petition divorce court orders for alimony did not violate the automatic stay in a chapter 13 case, but when the debtor was found in contempt and...
Judge(s):
Deasy, Kornreich and Tester.
Tag(s):

U.S. v. Rothstein (In re Rothstein, Rosenfeldt, Adler, P.A.)

  • Summarized by Jeffrey Snyder , Bilzin Sumberg Baena Price & Axelrod, LLP
  • 9 years 9 months ago
Citation:
717 F.3d 1205 (11th Cir. 2013)
Ruling:
Judgment of District Court vacated and remanded. Where proceeds of Ponzi scheme were commingled with law firm's legitimate income in bank account in name of law firm, Government precluded as a...
Judge(s):
TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge (sitting by designation)
Tag(s):

Goddard v. Heldt (In re A. Heldt)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 9 months ago
Citation:
Goddard v. Heldt, Gill, & Gill (In re Heldt), Case No. 12-6027 (10th Cir. May, 14, 2013)
Ruling:
The 10th Cir. affirmed the U.S. District Court and U.S. Bankruptcy Court (W.D. Okla.) in dismissing Ch. 7 trustee's claim to avoid as fraudulent debtor's transfer of title to sister in mother's...
Judge(s):
Justices Lucero, Anderson, and Baldock.
Tag(s):

Mehlhaff v. Allred (In re Mehlhaff)

Citation:
Mehlhaff v. Allred, No. 13-6012 (June 4, 2013)
Ruling:
The BAP affirmed the decision of the bankruptcy court that the debtor's prepetition alimony award was property of her bankruptcy estate, subject to any exemptions the debtor may have under South...
Judge(s):
Federman, Schermer, and Shodeen
Tag(s):

Fadel v. DCB United LLC (In re Fadel)

  • Summarized by Mark Hudson , Schian Walker, PLC
  • 9 years 9 months ago
Citation:
Not available
Ruling:
The Ninth Circuit BAP AFFIRMED the Bankruptcy Court granting of relief from the automatic stay to permit a purchaser at foreclosure sale to pursue a forcible detainer action against the debtor in...
Judge(s):
Kircher, Dunn and Markell (BAP Ninth Circuit)
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 10 months ago
Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Pages

Bankruptcy News

First Citizens Acquires Much of Failed Silicon Valley Bank

Small U.S. Banks See Record Drop in Deposits after SVB Collapse

Signature Bank Raised Its Crypto Exposure After Slowing Real-Estate Lending

Biden Said Federal Deposit Insurance Could Be Tapped Further If Banks Fail

Fed’s Kashkari Says Bank Strains Bring Risk of Recession Closer

About us in numbers

3511 in the system

3392 Summarized

5 Being Processed