Bendon v. Reynolds (In re Reynolds)

• Summarized by Margreta Morgulas , Okin Hollander LLC
• 13 years 5 months ago

Citation:

CC-11-1433-HPaD (BAP 9th Cir. Aug. 4, 2012); 2012 Bankr. LEXIS 4023

Ruling:

In the majority opinion of the Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals ("BAP 9th Cir."), the Court, affirming the bankruptcy court order and judgment, held that the...

Judge(s):

HOLLOWELL, PAPPAS and DUNN, Bankruptcy Judges. PAPPAS, Bankruptcy Judge, Dissenting.

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Rule 7056
• § 541
• § 544

In re Sentinel Management Group, Inc.

• Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
• 13 years 6 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):

• 7th Circuit
• Bankruptcy Litigation
• Finance and Banking
• Fraudulent Transfers
• § 544
• § 506
• § 548
• § 510

Vanderbilt Mortgage and Finance, Inc. v. Higgason (In re Pierce)

• Summarized by Laura Bartell , Wayne State University Law School
• 13 years 9 months ago

Citation:

2012 Fed App 0006P (6th Cir. BAP Apr. 23, 2012)

Ruling:

Affirmed grant of summary judgment by bankruptcy court to chapter 7 trustee avoiding lien on manufactured home under Section 544 because lien was not perfected under Kentucky law. Creditor had...

Judge(s):

Fulton, Harris & Preston

Tag(s):

• 6th Circuit
• Personal Bankruptcy Topics
• § 544

Hoskins v. Citigroup, Inc. (In re Viola)

• Summarized by Isaac Rothschild , Mesch Clark Rothschild
• 13 years 10 months ago

Citation:

BAP No. NC-11-1173-DoDH

Ruling:

A) The Defendants are not transferees under §550(e) for the purposes of imposing fraudulent transfer liability under the Ninth Circuit’s dominion test because the Defendants never had legal...

Judge(s):

Bankruptcy Judges Donovan (sitting by designation), Dunn, and Hollowell (concurring opinion)

Tag(s):

• 9th Circuit
• Commercial Fraud
• Finance and Banking
• Financial Advisors
• Fraud
• Fraudulent Transfers
• § 544
• § 546

The American Cancer Society v. Cook

• Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
• 13 years 11 months ago

Citation:

Fifth Circuit Court of Appeals, Docket no. 10-10989

Ruling:

"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...

Judge(s):

Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

Tag(s):

• 5th Circuit
• Fraud
• Fraudulent Transfers
• SEC Issues
• § 544
• § 548

MC Asset Recovery LLC v. Commerzbank A.G., et. al (In re Mirant Corp.)

• Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
• 13 years 11 months ago

Citation:

Case No. 11-10070 (5th Cir. March 20, 2012).

Ruling:

Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...

Judge(s):

Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.

Tag(s):

• 5th Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• § 544

Mason v. Szerwinski (In re Szerwinski)

• Summarized by Dean Langdon , DelCotto Law Group PLLC
• 13 years 11 months ago

Citation:

2012 FED App.0002p (6th Cir.); File name 12b0002p.06; Docket No. 11-8050

Ruling:

The Bankruptcy Appellate Panel affirmed the ruling of the Bankruptcy Court for the Northern District of Ohio, which dismissed a Chapter 7 Trustee's complaint seeking to avoid a mortgage against the...

Judge(s):

Emerson, Fulton and McIvor; authored by McIvor

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• § 544

SunTrust Bank, N.A. v. Macky (In re McCormick)

• Summarized by Frank Volk , U.S. Bankruptcy Court, Southern District of West Virginia
• 14 years 2 weeks ago

Citation:

SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).

Ruling:

The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...

Judge(s):

Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.

Tag(s):

• 4th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Claims
• Mortgage
• Bankruptcy Litigation
• Finance and Banking
• Real Estate
• § 544

Clementson v. Countrywide Financial Corp.

• Summarized by Omid Moezzi ,
• 14 years 3 weeks ago

Citation:

Case No: 11-1272 (10th Cir. 2012)

Ruling:

The 10th Circuit Court of Appeals ruled in favor of creditor Bank of America ("BAC" or "Creditor"), as successor in interest to Countrywide Financial, affirming the judgment of the district court.

Judge(s):

Kelly, Murphy and Holmes - Circuit Judges

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Claims
• § 541
• § 544

de la Pena Stettner v. Smith (In re IFS Financial Corp.)

• Summarized by Peter Ruggero , Ruggero Law Firm PC
• 14 years 1 month ago

Citation:

Case No. 10-20670 (5th Cir. January 27, 2012)

Ruling:

The Court of Appeals affirmed that the debtor was the "de facto" owner of three bank accounts that funded the alleged fraudulent transfers and that the chapter 7 trustee met his burden in...

Judge(s):

Garza, Clement, and Southwick

Tag(s):

• 5th Circuit
• Fraudulent Transfers
• § 544

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