Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
11 years 6 months ago
Citation:
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling:
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had...
Judge(s):
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the...
The bankruputcy court's rulings were AFFIRMED. The BAP held that the bankruptcy court: (i) did not err in dismissing the Debtor's complaint under Fed.R.Civ.P. 12(b)(6); (ii) did not abuse its...
In a case of first impression at the circuit level, the Tenth Circuit held that, where the contribution exceeds 15% of the debtor’s gross annual income, the “charitable contribution”...
Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)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...
Sixth Circuit affirmed original decision of the bankruptcy court and reinstated its award of $47,635.27 to the chapter 7 bankruptcy estate for fraudulent transfers arising out of a divorce...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
12 years 6 months ago
Citation:
10‐3787, 10‐3990 & 11‐1123
Ruling:
The 7th Circuit affirmed the District Court's denial of the illegal contract claim that had been filed by the Trustee but reversed the lower court's denial of fraudulent transfer and equitable...
