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In re Richard Lane

Summarizing by Laura Coordes

In re Paul Cumbess

Summarizing by Kathleen DiSanto

SB Liquidation Trust v. Preferred Bank (In re Syntax-Brillian Corp.)

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)
Tag(s):

Adelphia Recovery Trust v. Goldman

Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
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...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

Citation:
Docket No. 12-1645 (2d Cir. Jan. 13, 2014)
Ruling:
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...
Judge(s):
Cabranes, Raggi, and Carney (Circuit Judges)
Tag(s):

Tracht Gut, LLC v. County of Los Angeles and Tax Collector (In re Tracht Gut, LLC)

Citation:
12-20308 (MT); CC-13-1229-PaTaD (BAP 9th Cir. Jan. 3, 2014)
Ruling:
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...
Judge(s):
Pappas, Taylor and Dunn
Tag(s):

Wadsworth v. The Word of Life Christian Center (In re McGough)

Citation:
No. 12-1142 (10th Cir. December 16, 2013).
Ruling:
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”...
Judge(s):
O’Brien, Holmes, and Matheson.
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Case No. 11-60022, 9th Cir. Dec. 11, 2013 (Not for Publication)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 Sentinel Management Group, Inc. (Appeal of Frederick J. Grede)

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...
Judge(s):
MANION, ROVNER, and TINDER
Tag(s):

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