Home » Chapter 5 » SUBCHAPTER III » § 546

Grede v. FCStone, LLC

  • Summarized by Faisal Delawalla , Bryan Cave Leighton Paisner LLP
  • 9 years 1 week 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):

Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co. (In re Quebecor World (USA) Inc.)

  • Summarized by Robert Yan , Otterbourg P.C.
  • 9 years 9 months ago
Citation:
Docket No. 12-4270-bk (2d Cir. June 10, 2013)
Ruling:
AFFIRMING the District Court, the Second Circuit Court of Appeals held that certain payments made by a debtor subsidiary to noteholders in exchange for private placement notes issued by a debtor...
Judge(s):
Circuit Judges Chin and Lohier; District Judge Swain (sitting by designation)
Tag(s):

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 10 months ago
Citation:
Grayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), No. 12-1518, --- F.3d --- (4th Cir. May 24, 2013)
Ruling:
The Fourth Circuit affirmed the district court, first holding that the $161 million in stocks that customers transferred into the Wachovia brokerage accounts before Derivium's stock loan...
Judge(s):
King, Wynn, and Diaz, Circuit Judges
Tag(s):

Lightfoot v. MXEnergy Electric, Inc. (In re MBS Management Services, Inc.)

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 10 years 7 months ago
Citation:
--- F.3d ----, 2012 WL 3125167, (NO. 11-30553) (Aug. 2, 2012 5th Cir.)
Ruling:
The Fifth Circuit Court of Appeals held that the Debtor's payments to the power company were settlement payments exempt from avoidable transfer pursuant to section 546(e) of the Bankruptcy Code. ...
Judge(s):
Jones, Owen, Higginson
Tag(s):

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

  • Summarized by Ferve Ozturk , BakerHostetler
  • 10 years 7 months ago
Citation:
460 B.R. 222 (8th Cir.BAP 2011)
Ruling:
The 8th Circuit BAP AFFIRMED the Bankruptcy Court. The Panel held that the bankruptcy court did not abuse its discretion by extending the time for service of process of a complaint seeking...
Judge(s):
Kressel, Chief Judge; Saladino and Nail, Bankruptcy Judges
Tag(s):

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

  • Summarized by Isaac Rothschild , Mesch Clark Rothschild
  • 10 years 11 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):

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

Soto-Rios v. Banco Popular de Puerto Rico

  • Summarized by Lynne Xerras , Holland & Knight LLP
  • 11 years 4 months ago
Citation:
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Judge(s):
Judges Lipez, Ripple and Howard, Circuit Judges.
Tag(s):

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