Home » Chapter 5 » SUBCHAPTER III » § 548

Caudill Seed & Warehouse v. Rose (MMR Farms LLC)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 5 years 7 months ago
Citation:
16-4072 (7th Circuit, Aug 18,2017) Not Published
Case Status:
Affirmed
Ruling:
A settlement agreement is not a judicial decision and thus, does not give rise to issue preclusion and defending a case on the basis of a release is an affirmative defense that must be raised in a...
Judge(s):
Easterbrook, Rovner, Sykes (Easterbrook)
Tag(s):

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

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 years 8 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):

Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

  • Summarized by Joel Newell , Jennings, Strouss & Salmon, PLC
  • 6 years 10 months ago
Citation:
-- F.3d -- (9th Cir. 2016)
Ruling:
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
Tag(s):

Official Committee of Unsecured Creditors of Great Lakes Quick Lube LP v. T.D. Investments I, LLP (IN re Great Lakes Quick Lube LP)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 7 years 1 week ago
Citation:
7th Cir., Case No. 15-2093, Decided March 11, 2016
Ruling:
The judgment of the bankruptcy court was reversed, and the case remanded in order to determine: a) the value of the asset transferred (in the form of commercial leases that were terminated...
Judge(s):
POSNER, FLAUM and WILLIAMS, Circuit Judges
Tag(s):

Frederick J. Grede v. Bank of New York Mellon Corp. and Bank of New York (In re Sentinel Management Group, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 2 months ago
Citation:
Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
Ruling:
When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its...
Judge(s):
Posner, Easterbrook, Rovner (Posner)
Tag(s):

Gladstone v. Schaefer (In re UC Lofts on 4th, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 6 months ago
Citation:
Gladstone, et al. v. Schaefer, et al. (In re UC Lofts on 4th, LLC, et al.), BAP No. SC-14-1287-JuKlPa & SC-14-1320-JuKlPa (BAP 9th Cir. Sept. 4, 2015)
Ruling:
In a 49 page opinion addressing ten issues related to fraudulent transfer, preference, and equitable subordination claims in a consolidated appeal, the BAP for the 9th Circuit affirmed the ruling...
Judge(s):
Jury, Klein, Pappas
Tag(s):

Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
Expert South Tulsa, LLC, et al. v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC), BAP No. KS-14-027 (BAP 10th Cir. July 20, 2015)
Ruling:
The BAP for the 10th Circuit affirmed the ruling of the bankruptcy court granting summary judgment in favor of defendant of fraudulent transfer avoidance action. The BAP agreed that under 11 USC...
Judge(s):
Thurman, Michael, Romero
Tag(s):

Strauss v. Cole

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 8 months ago
Citation:
Strauss v. Cole, No. 14-3302 (8th Cir. July 6, 2015)
Ruling:
Eighth Circuit affirmed district court ((W.D. Miss. - Jefferson City) and concluded there was no basis for reversal on defendants' appeal of grant of summary judgment in favor of trustee plaintiff...
Judge(s):
Smith, Bowman, Colloton
Tag(s):

Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, P.C.
  • 7 years 9 months ago
Citation:
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling:
Affirmed.
Judge(s):
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
Tag(s):

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

  • Summarized by Bryan Robinson , Law Offices of Bryan Robinson
  • 8 years 2 months 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):

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