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Bendon v. Reynolds (In re Reynolds)

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):

In re Sentinel Management Group, Inc.

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):

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

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):

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

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):

The American Cancer Society v. Cook

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):

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

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):

Mason v. Szerwinski (In re Szerwinski)

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):

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

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):

Clementson v. Countrywide Financial Corp.

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):

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