§ 547 | VOLO

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Ballard Spahr LLP v Official Committee of Equity Security Holders

Summarizing by Paris Gyparakis

Coastal Capital, LLC v. Savage

Summarizing by Bradley Pearce

Stahl v. Simon (In re Adamson Apparel, Inc.)

Summarized by Dean Rallis , Hahn & Hahn, LLP
10 years 10 months ago

Citation:: No. 12-57059 / D.C. No. 2:11-cv-01204-VAP

Ruling:

In a 2-1 decision (with a dissenting opinion), the Ninth Circuit affirmed the California District Court’s order affirming the Bankruptcy Court’s judgment in favor of and absolving the...

Judge(s):

GILMAN, GRABER and CALLAHAN, Circuit Judges

Tag(s):

Pierce v. Collection Associates, Inc. (In re Pierce)

Summarized by Michael Cooley , Reed Smith LLP
10 years 12 months ago

Citation:: No. 14-1365 (8th Cir. B.A.P. Mar. 9, 2015).

Ruling:

Transfers sought to be avoided by the debtors as preferential totaled less than $600 in the aggregate, and were therefore subject to the § 547(c)(8) defense for consumer payments. Affirmed.

Judge(s):

Colloton, Bright, and Shepherd.

Tag(s):

Hill v. Jankowski (In re Dey)

Summarized by Lars Fuller , BakerHostetler
11 years 1 week ago

Citation:: Hill v. Jankowski (In re Dey), BAP No. CO-14-026 (BAP 10th Cir. Feb. 17, 2015)

Ruling:

The 10th Circuit BAP (Judges Thurman and Jacobvitz, with Judge Cornish dissenting) reversed the bankruptcy court, concluding that perjury is insufficient grounds to vacate a defense verdict on a...

Judge(s):

Thurman, Cornish, Jacobvitz

Tag(s):

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 1 month ago

Citation:: Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]

Ruling:

The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to...

Judge(s):

KIRSCHER, DUNN and JURY, Bankruptcy Judges

Tag(s):

Stalnaker v. Allison (In re Tri-State Financial, LLC)

Summarized by Lars Fuller , BakerHostetler
11 years 4 months ago

Citation:: Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)

Ruling:

The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand;...

Judge(s):

Kressel, Schermer, and Nail

Tag(s):

Dye v. Sachs (In re Flashcom, Inc.)

Summarized by Joel Newell , Ballard Spahr, LLP
11 years 5 months ago

Citation:: 9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)

Ruling:

Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no...

Judge(s):

Honorable Kurtz, Davis, and Kirscher

Tag(s):

Agri Star Meat & Poultry, LLC v. Nevel Properties Corp.

Summarized by Bryan Robinson , Law Offices of Bryan Robinson
11 years 6 months ago

Citation:: Agri Star Meat & Poultry, LLC v. Nevel Properties Corp., 8th Cir. Court of Appeals, No. 13-1161, August 28, 2014

Ruling:

The 8th Circuit Court of Appeals upheld the ruling by the 8th Circuit district court and the bankruptcy court which concluded that SHF did not have any rights to a well located on land owned by...

Judge(s):

RILEY, Chief Judge, MELLOY and BENTON, Circuit Judges.

Tag(s):

DC Media Capital LLC v. Imagine Fulfillment Services, LLC (In re Imagine Fulfillment Services, LLC)

Summarized by Joel Newell , Ballard Spahr, LLP
11 years 7 months ago

Citation:: BAP No. CC-13-1483-TaDki

Ruling:

In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney fees) the judgment...

Judge(s):

Taylor, Dunn, and Kirscher, Bankruptcy Judges

Tag(s):

Weinman v. Walker (In re Adam Aircraft Indus., Inc.)

Summarized by Omid Moezzi ,
11 years 9 months ago

Citation:: B.A.P. 10th Cir. (May 15, 2014)

Ruling:

AFFIRMING the bankruptcy court's order denying a portion of the debtor's preference and fraudulent conveyance claims against the defendant.

Judge(s):

Larking, Jacobvitz, and Hall.

Tag(s):

Stout v. Marshack (In re Stout)

Summarized by Joel Newell , Ballard Spahr, LLP
11 years 10 months ago

Citation:: BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa

Ruling:

The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...

Judge(s):

Honorable Dunn, Kirscher, and Taylor

Tag(s):

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