The Unsecured Creditors Committee v. Community Bank (In re Stinson Petroleum Co., Inc.)

Citation:
No. 12-60234 (January 7, 2013)
Ruling:
The Chapter 7 trustee could not prove that the defendant in a preference action (§ 547(b)) received more than they would have in a Chapter 7 liquidation because, according to Mississippi state...
Judge(s):
BARKSDALE, DENNIS, and GRAVES, Circuit Judges. (Per Curiam opinion).
Tag(s):

Velde v. Border State Bank (In re HovdeBray Enterprises)

Citation:
Case No. 12-6035 (BAP 8th Cir. 2012)
Ruling:
In this preference action by the chapter 7 trustee, the BAP held that perfection of Border State Bank's (the "Bank") lien was within the preference period under Section 547(b) and that the floating...
Judge(s):
Federman, Venters, and Saldino
Tag(s):

Compton v. Anderson (In re MPF Holdings US LLC)

Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Judge(s):
Stewart, DeMoss, Graves
Tag(s):

Cage v. Hardy Rawls Enterprises, L.L.C. (In re Moye)

Citation:
5th Cir. Court of Appeal (August 21, 2012) - Case No. 11-20534
Ruling:
AFFIRMING the decision of United States Distrcit court for the Southern District of Texas (Houston) that the Trustee had proved that all but one of the payments in question made by the debtors were...
Judge(s):
Wiener, Elrod and Southwick
Tag(s):

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

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.)

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):

U.S. v. Turner

Citation:
D.C. Docket No. 1:10-cr-00171-CG-N-1; 11-10993
Ruling:
The 11th Circuit Court of Appeals VACATED the conviction of one count of making false entries in a bankruptcy filing in violation of 18 U.S.C. 1519. The Court of Appeals held that because the...
Judge(s):
CARNES, MARTIN & JORDAN
Tag(s):

Stoebner v. Consumers Energy Co. (In re LGI Energy Solutions, Inc.)

Citation:
Case Nos. 11-6045; 11-6046; 11-6047; 11-6048; 11-6049; 11-6050; 11-6051 (8th Cir. B.A.P. Dec. 8, 2011)
Ruling:
The Court reversed the bankruptcy court's ruling granting summary judgment in favor of the defendants, and remanded for further proceedings. The Court held that funds paid by the debtor's...
Judge(s):
Federamn, Venters, and Nail
Tag(s):

In re IFC Credit Corp.

Citation:
First Chicago Bank & Trust v. Leibowitz (In re IFC Credit Corp.), Ch. 7 Case No. 09-27094, Adv. No. 09-01230, aff'd No. 11-cv-1976, No. 11-2172 (7th Cir. Dec. 5, 2011).
Ruling:
Affirmed. The rule prohibiting pro se corporate filings is nonjurisdictional. Even though a pro se corporate filing is defective, it can be cured by an amended petition signed by an attorney...
Judge(s):
JJ. BAUER, POSNER AND WOOD
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):

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