Home » Chapter 5 » SUBCHAPTER III » § 546

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

Citation:
No. 18-2098 (2nd Circuit, Jul 25,2019) Published
Case Status:
Affirmed
Ruling:
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
Judge(s):
Calabresi, Lynch and Lohier, Circuit Judges
Tag(s):

FTI Consulting, Inc. v. Merit Management Group, LP

Citation:
FTI Consulting, Inc. v. Merit Mgmt. Group, LP), Case No. 15-3388 (7th Cir. July 28, 2016).
Ruling:
The safe harbor provision of 11 U.S.C. § 546(e) does not shield a transfer of funds through a financial institution acting only as a conduit between the debtor and the transferee, neither of which...
Judge(s):
Wood, Posner, Rovner (Wood)
Tag(s):

Tendering Phones Holders, et al. Large Private Beneficial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

  • Summarized by Jordan Wishnew , Shearman & Sterling LLP
  • 3 years 4 months ago
Citation:
13-3992-cv
Ruling:
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the...
Judge(s):
Winter, Droney & Hellerstein
Tag(s):

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 3 years 5 months ago
Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Tag(s):

Templeton, et al. v. Milby, et al. (In re Milby)

  • Summarized by Joel Newell , Wright Finlay & Zak, LLP
  • 3 years 5 months ago
Citation:
9th Circuit Bankruptcy Appellate Case No. CC-15-1180-FCTa (February 24, 2016)
Ruling:
The 9th Circuit Bankruptcy Appellate Panel ("BAP") entered two separate rulings related to the same facts. The BAP held that in tolling statutes of limitations, the courts have typically assumed...
Judge(s):
Bankruptcy Judges FARIS, CORBIT, and TAYLOR.
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):

U.S.A. v. Bond

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 5 years 1 week ago
Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Judge(s):
Jacobs, Sack, and Lohier
Tag(s):

Branch Banking & Trust Co. v. Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc)

  • Summarized by Elizabeth Gunn , Virginia Office of the Attorney General, Div. of Child Support Enforcement
  • 5 years 3 months ago
Citation:
Branch Bank. & Trust Co. v. Constr. Super. Servs., Inc., Case No 13-1560 (4th Cir. May 22, 2014)
Ruling:
Unperfected subcontractors lien is an interest in property as of the petition date for section 362(b)(3) and 546(b) purposes despite not having served notice of (i.e. perfected) such lien under...
Judge(s):
King, Shedd, and Wynn
Tag(s):

Grede v. FCStone, LLC

  • Summarized by Faisal Delawalla , Bryan Cave Leighton Paisner LLP
  • 5 years 5 months ago
Citation:
Grede v. FCStone, LLC, No. 09 C 136 (7th Cir. Mar. 19, 2014)
Ruling:
The court REVERSED the judgment of the district court. The pre-petition transfer was exempted from avoidance under Section 546(e), because it was a "settlement payment" and a transfer made "in...
Judge(s):
Manion, Rovner, and Hamilton.
Tag(s):

Peterson v. Ritchie Structure Multi-Manage

Citation:
Case No 12-2463, 12-2464, 12-2493, 12-2494 and 12-2495 - Court of Appeals (7th Cir. - September 6, 2013)
Ruling:
AFFIRMING the bankruptcy court's ruling in favor of defendants.
Judge(s):
Easterbrook, Bauer and Sykes - Circuit Judges.
Tag(s):

Pages

Bankruptcy News

PES Layoffs Accelerate as Philadelphia Refinery Closes

Hahnemann Creditors Battle Bankruptcy Financing as Too Little, Too Costly

Mortgage Market Reopens to Risky Borrowers

FDIC Approves Volcker Rule Revamp

Telecom Company Maxcom Cleared for Speedy Chapter 11

About us in numbers

2961 in the system

2872 Summarized

2 Being Processed