Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
14 years 1 month ago
Citation:
BAP No. CC-07-1436-MoDK (9th Cir. December 8, 2011) (not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
Affirming the Bankruptcy Court’s decision, the Ninth Circuit held that the Debtor was not denied due process when the Bankruptcy Court failed to provide him with counsel to be paid from the...
The bankruptcy court and district court properly applied the relevant Robbins factors and provided a reasoned basis for finding that each factor had been met, and therefore did not abuse its...
Judge(s):
Shedd and Duncan, Circuit Judges, and Osteen (M.D.N.C.) sitting by designation.
The 8th Circuit BAP rules that an amendment to a UCC financing statement filed by a third-party was authorized and effective in terminating a lender's security interest in the debtor's personal...
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 2 months ago
Citation:
2011 FED App. 0016P (6th Cir.)
Ruling:
The Bankruptcy Appellate Panel affirmed the rulings of the Bankruptcy Court for the Eastern District of Kentucky which a) granted the chapter 13 debtor standing to pursue an avoidance action...
Judge(s):
Boswell, Harris and McIvor on panel, authored by Harris, J.
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 3 months ago
Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
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 Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 4 months ago
Citation:
Case No. 11-6018 (B.A.P. 8th Cir., Oct. 12, 2011)
Ruling:
The Bankruptcy Appellate Panel for the 8th Circuit reversed and remanded the bankruptcy court's ruling in favor of the Debtor's parents on a fraudulent transfer action, in which the bankruptcy...
