Deutsche Bank, et al v. US Energy Dev, et al

• Summarized by Lars Fuller , BakerHostetler
• 11 months 3 weeks ago

Citation:

19-50646 (5th Circuit, Feb 03,2021) Published

Case Status:

Affirmed

Ruling:

Fifth Circuit affirmed bankruptcy court (WD Tx.) ruling on lien priority and conflict of law issue. Applying Delaware UCC law, bank's prior perfected blanket security interest encompassed proceeds...

Judge(s):

Jolly, Jones, Engelhardt

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Professional Practice Areas
• Uniform Commercial Code/Article 9
• Rule 3012
• § 546

Whirlpool v. Wells Fargo Bank (In re HHGregg)

• Summarized by Michael Cooley , Reed Smith LLP
• 1 year 11 months ago

Citation:

18-3363 (7th Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

A reclamation claim made under UCC § 2-702 and 11 U.S.C. § 546(c) does not give rise to a purchase money security interest, and is inferior to a previously perfected floating lien on the assets...

Judge(s):

Sykes, Hamilton, and Scudder

Tag(s):

• 7th Circuit
• Uniform Commercial Code/Article 9
• § 546

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

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 2 years 6 months ago

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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• § 546
• 11 U.S.C § 549
• 11 U.S.C § 550
• 551

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

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 5 years 6 months ago

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):

• 7th Circuit
• Fraudulent Transfers
• 11 U.S.C § 550
• § 544
• § 546
• § 548

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
• 5 years 10 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):

• 2nd Circuit
• Bankruptcy Litigation
• Fraudulent Transfers
• § 544
• § 546

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
• 5 years 10 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):

• 2nd Circuit
• Bankruptcy Litigation
• Creditors' Committee
• Fraudulent Transfers
• Plan Confirmation
• 548
• § 362
• § 544
• § 546
• § 1107

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

• Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
• 5 years 11 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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• Bankruptcy Litigation
• § 544
• § 546

Rund v. Bank of America Corp. (In re EPD Investment Co., LLC)

• Summarized by Elie Herman ,
• 7 years 2 weeks ago

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):

• 9th Circuit
• Bankruptcy Litigation
• Finance and Banking
• Fraudulent Transfers
• § 544
• § 546

U.S.A. v. Bond

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 7 years 5 months 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):

• 2nd Circuit
• Administrative Expense Claims
• Bankruptcy Taxation
• Bankruptcy Litigation
• Legislation
• Practice and Procedure
• Venue/Jurisdiction
• § 1123
• § 505
• § 546
• § 1107

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

• Summarized by Elizabeth Gunn , U.S. Bankruptcy Court for the District of Columbia
• 7 years 8 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):

• 4th Circuit
• Automatic Stay
• Business Reorganization
• § 362
• § 546

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