Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.)

Citation:
Stoebner v. San Diego Gas & Electric Co. (In re LGI Energy Solutions, Inc.), No. 12-3899 & No. 12-4011 (8th Cir. March 20, 2014)
Ruling:
The Eighth Circuit affirmed the BAP's allowance of new value as a preference offset, but reduced the amount of preference liability based on an incorrect calculation by the BAP. In an issue of...
Judge(s):
Loken, Gruender, and Shepherd
Tag(s):

Grede v. FCStone, LLC

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):

Arvest Bank v. Cook (In re Cook)

Citation:
No. 13-6014 (B.A.P. 8th Cir. Jan. 9, 2014)
Ruling:
Reversing the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (“BAP”) held that a deed of trust was not void for lack of consideration and that a...
Judge(s):
Saladino, Nail and Shodeen, Bankruptcy Judges.
Tag(s):

Farrar v. Warda & Yonano, LLP (In re Bella Vista By Paramont, LLC)

Citation:
Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)
Ruling:
First, with regards to the preference claim, the Ninth Circuit Court of Appeals affirmed the B.A.P.'s ruling that W&Y was not an insider because there was no indicia of control over Bella Vista to...
Judge(s):
Reinhardt, Noonan, Watford
Tag(s):

In re KB Toys Inc, et al.

Citation:
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling:
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...
Judge(s):
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
Tag(s):

William A. Howison v. Milo Enterprises, Inc. (In re The Freaky Bean Coffee Company)

Citation:
BAP No. EP 12-082
Ruling:
The BAP REVERSED the bankruptcy court’s judgment under Counts I and II, REMANDED for the entry of a judgment against the Trustee on those counts, VACATED the bankruptcy court's judgment...
Judge(s):
Appeal from the USBC-Maine (Honorable James B. Haines, Jr.) before US BAP for 1st Circuit, Judges Boroff, Deasy and Tester.
Tag(s):

Charles W. Ries v. Scarlett & Gucciardo, PA, et al.

Citation:
No. 13-6003 (8th Cir. August 1, 2013).
Ruling:
Applying the plain language of Fed. R. Civ. P. 15(c)(1), the Eighth Circuit affirmed the principle that whether the party seeking to amend a pleading knew when the original pleading was filed of...
Judge(s):
Federman, Saladino, and Nail.
Tag(s):

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

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):

Campbell v. The Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.)

Citation:
Campbell v. Hanover Insurance Co. (In re ESA Environmental Specialists, Inc.), ___ F.3d ____, 2013 WL 765705 (4th Cir.) (2-1 decision).
Ruling:
Defendant's earmarking defense to preference claim rejected because the funds at issue were not used to pay an antecedent debt of the Debtor. Defendant's new value defense to preference claim...
Judge(s):
Chief Judge Traxler, Circuit Judges Wilkinson and Agee
Tag(s):

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