Home » Chapter 5 » SUBCHAPTER III » § 544

Rose v. Gottlieb (In re Khalil)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 7 years 10 months ago
Citation:
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1253-KiKuD (May 11, 2015)
Ruling:
In the unpublished Ninth Circuit Bankruptcy Appellate Panel ("BAP"), two issues were presented on appeal. First, did the bankruptcy court err is granting the Chapter 7 Trustee's partial summary...
Judge(s):
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
Tag(s):

Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

Citation:
Rund v. Bank of America Corp. (In re EPD Investment Co., LLC), BAP Nos. CC-13-1374-KiKuDa and CC-13-1375-KiKuDa (9th Cir., Jan. 7, 2015)
Ruling:
REVERSING the order of the bankruptcy court, the BAP held that 11 USC 546 (a) preempts a state-law fraudulent transfer statute of repose, and that the reach back period is established on the...
Judge(s):
Kirscher, Kurtz, and Davis
Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 2 months ago
Citation:
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling:
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...
Judge(s):
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Tag(s):

Williamson v. Murray (In re Murray)

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 4 months ago
Citation:
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling:
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to...
Judge(s):
KELLY, LUCERO, and HARTZ, Circuit Judges
Tag(s):

SB Liquidation Trust v. Preferred Bank (In re Syntax-Brillian Corp.)

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor
  • 8 years 7 months ago
Citation:
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling:
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had...
Judge(s):
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Tag(s):

Wallace v. Bonner (In re Bonner)

  • Summarized by Albert Sheen , U.S. Bankruptcy Court
  • 9 years 3 weeks ago
Citation:
B.A.P. No. NC-13-1365-KiDJu (9th Cir. B.A.P. Mar. 6, 2014) [Not for Publication]
Ruling:
In an unpublished decision, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court, holding that the bankruptcy court did not err in granting summary judgment avoiding Wallace's...
Judge(s):
Kirscher, Dunn, Jury
Tag(s):

Kittay v. Korff (In the Matter of Palermo)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 9 years 2 months ago
Citation:
Docket Nos. 11-848-cv (L), 11-849-cv (Con) (2nd Cir. Jan. 7, 2014)
Ruling:
Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de...
Judge(s):
KEARSE, POOLER, and LIVINGSTON, Circuit Judges
Tag(s):

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