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Home » Chapter 5 » SUBCHAPTER III » § 548

In re Canopy Financial, Inc.

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 13 years 3 months ago
Citation:
In re Canopy Financial, Inc., No. 12-3239 (February 28, 2013) (Easterbrook, Posner and Tinder, Circuit Judges).
Ruling:
Affirmed. Though a trial judge has discretion to excuse some negligent errors under the equitable “excusable neglect” standard of Pioneer Investment Services Co. v. Brunswick Associates L.P.,...
Judge(s):
Easterbrook, Chief Judge, Posner and Tinder, Circuit Judges. Conlon, District Judge. Wedoff, Bankruptcy Judge.
Tag(s):

Southeast Waffles, LLC v. U.S. Department of Treasury (In re Southeast Waffles, LLC)

Citation:
No. 11-6522, 2012 U.S. App. LEXIS 24991 (6th Cir. Dec. 6, 2012)
Ruling:
The decision of the bankruptcy appellate panel was affirmed. The debtor cannot state a claim for avoidance of payments that necessarily resulted in a dollar-for-dollar reduction in tax penalties...
Judge(s):
Boggs, Clay, and Stafford
Tag(s):

Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.)

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 13 years 6 months ago
Citation:
Case No. 11-35162 (9th Cir. December 4, 2012)
Ruling:
Ninth Circuit held that a bankruptcy judge lacks constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to the bankruptcy estate, but that the...
Judge(s):
Kozinski, Paez and Collins
Tag(s):

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

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 13 years 7 months ago
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):

Suhar v. Bruno (In re Neal)

  • Summarized by Robert Miller , University of South Dakota, Knudson School of Law
  • 13 years 8 months ago
Citation:
Suhar v. Bruno (In re Neal), Case No.11-8081 (B.A.P. 6th Cir. Sept. 28, 2012)
Ruling:
The Panel found that the Debtor's assumption of the marital credit card debt of the Debtor and the Defendant, as part of a separation agreement, should not impact whether the Debtor received...
Judge(s):
Judge Preston authored the opinion of the court and she was joined by Judge McIvor and Judge Emerson.
Tag(s):

In re Sentinel Management Group, Inc.

  • Summarized by Paul Lucey , Leverson Lucey & Metz, S.C.
  • 13 years 10 months ago
Citation:
Frederick Grede v. Bank of New York Mellon, Case Nos. 10-3787, 10-3990 & 11-1123 (7th Cir. Aug. 9, 2012)
Ruling:
Order and judgment of the District Court are affirmed: Investment manager's illegal pledge of client funds to secure short-term loans supporting manager's trading activity for its own account and...
Judge(s):
Manion, Rovner and Tinder, Circuit Judges.
Tag(s):

Stathopoulos v. Alford (In re McMillin)

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 13 years 11 months ago
Citation:
D.C. Docket Nos. 8:10-cv-01036-JSM; 8:05-bk-27381-KRM (No. 11-12353)
Ruling:
The 11th Circuit Court of Appeals REVERSED the district court order and reinstated the bankruptcy court judgment that a transfer was not avoidable because the debtor did not have control of the...
Judge(s):
DUBINA, EDMONDSON, & GOLDBERG
Tag(s):

Senior Transeastern Lenders v. Official Committee of Unsecured Creditors (In re Tousa, Inc.)

  • Summarized by B. Chandler , Louisiana State University Paul M. Hebert Law Center
  • 14 years 1 month ago
Citation:
Case No. 11-11071 (11th Cir. May 15, 2012)
Ruling:
The Eleventh Circuit REVERSED the order of the district court, AFFIRMED the liability findings of the bankruptcy court, and REMANDED to the district court for further proceedings consistent with...
Judge(s):
TJOFLAT, PRYOR and FAY, Circuit Judges.
Tag(s):

Akanthos Capital Management, LLC v. CompuCredit Holdings Corp.

Citation:
Case No. 11-13227 (11th Cir. April 25, 2012)
Ruling:
The Eleventh Circuit determined that a standard “no-action clause” in a trust indenture prevents noteholders who are not within a stated exception to the clause from asserting fraudulent...
Judge(s):
Wilson and Martion, Circuit Judges, and Albritton, District Judge
Tag(s):

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

  • Summarized by Andrew Johnson , Onsager | Fletcher | Johnson | Palmer LLC
  • 14 years 2 months ago
Citation:
Tenth Circuit Bankruptcy Appellate Panel (the "10th Cir. BAP"), Case No. 11-038
Ruling:
The "safe harbor" for charitable contributions in 11 U.S.C. 548(a)(2)(A) protects transfers up to an aggregate amount equal to 15% of a debtor's annual gross income. As a result, for a...
Judge(s):
Michael, Thurman and Karlin
Tag(s):

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