Home » Chapter 5 » SUBCHAPTER III » § 546

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

  • Summarized by Lars Fuller , BakerHostetler
  • 2 years 2 days 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):

Whirlpool v. Wells Fargo Bank (In re HHGregg)

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):

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

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 3 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):

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

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 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):

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
  • 6 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):

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
  • 6 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):

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

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 6 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):

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
  • 8 years 6 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):

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

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):

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