The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
13 years 1 week ago
Citation:
9th Cir. BAP, April 11, 2013 (BAP No. CC-12-1513-KiPaTa) (unpublished)
Ruling:
Chapter 7 Trustee, who avoided fraudulent transfer of the Debtor's Residence, took property subject to judgment lien, even though at the time the abstract of judgment was recorded, the Debtor had...
Judge(s):
Kirscher, Pappas, and Taylor affirmed the judgment of Robert Kwan.
Rajala v. Gardner, et al., No. 12-3113 (10th Cir. March 12, 2013)
Ruling:
The Tenth Circuit affirmed the U.S. District Court's (Kansas) order granting motions to distribute funds held in escrow to two non-debtor parties over the objection of the Chapter 7 trustee, who...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
13 years 1 month ago
Citation:
In re Canopy Financial, Inc., No. 12-3239 (February 28, 2013) (Easterbrook, Posner and Tinder, Circuit Judges).
Ruling:
Affirmed. Though a trial judge has discretion to excuse some negligent errors under the equitable “excusable neglect” standard of Pioneer Investment Services Co. v. Brunswick Associates L.P.,...
Judge(s):
Easterbrook, Chief Judge, Posner and Tinder, Circuit Judges. Conlon, District Judge. Wedoff, Bankruptcy Judge.
Summarized by Samuel Mushell , Americans United for Government Reform
13 years 2 months ago
Citation:
Bankruptcy Case No. 11-17703-WCH
Ruling:
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an...
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
The decision of the bankruptcy appellate panel was affirmed. The debtor cannot state a claim for avoidance of payments that necessarily resulted in a dollar-for-dollar reduction in tax penalties...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 5 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Withdrawing its prior opinion in Janvey v. Democratic Senatorial Campaign Comm., Inc., 699 F.3d 848 (5th Cir. 2012), the Fifth Circuit held that it had erroneously asserted that a Receiver had...
The Sixth Circuit upheld the bankruptcy court's judgment which found that the defendants had received a fraudlent transfer under 11 U.S.C. sec. 544(b) and Florida Uniform Fraudulent Transfer Act...
