Home » Chapter 5 » SUBCHAPTER III » § 549

Schaumburg Bank & Trust, Co., N.A. v. Alsterda

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 7 years 2 weeks ago
Citation:
15-1894
Ruling:
Since no final judgment or appealable order was entered by the Bankruptcy Court, the Court of Appeals lacks appellate jurisdiction to review the District Court’s decision.
Judge(s):
WOOD, Chief Judge, EASTERBROOK, Circuit Judge, and BRUCE, District Judge
Tag(s):

C.W. Mining Co. v. Bank of Utah

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 8 years 11 months ago
Citation:
No. 12–4174 (10th Cir. Apr. 15, 2014)
Ruling:
Affirming the Bankruptcy Appellate Panel (“BAP”), the United States Court of Appeals for the Tenth Circuit held that the unauthorized liquidation of a certificate of deposit postpetition by a...
Judge(s):
Mkovich, Brorby, and Murphy, Circuit Judges.
Tag(s):

Grede v. FCStone, LLC

  • Summarized by Faisal Delawalla , Bryan Cave Leighton Paisner LLP
  • 9 years 1 week ago
Citation:
Grede v. FCStone, LLC, No. 09 C 136 (7th Cir. Mar. 19, 2014)
Ruling:
The court REVERSED the judgment of the district court. The pre-petition transfer was exempted from avoidance under Section 546(e), because it was a "settlement payment" and a transfer made "in...
Judge(s):
Manion, Rovner, and Hamilton.
Tag(s):

Rushton v. ANR Company, Inc, et al. (In re C.W. Mining Co.)

Citation:
No. 12-4091 (10th Cir. January 22, 2014).
Ruling:
With one exception (discussed below), the Tenth Circuit affirmed the district court’s dismissal of various consolidated bankruptcy appeals as statutorily moot by operation of § 363(m).
Judge(s):
Tymkovich, Brorby, and Murphy.
Tag(s):

Randall L. Seaver, Trustee v. New Buffalo Auto Sales (In re Hecker)

  • Summarized by Brendan Gage , Goulston & Storrs PC
  • 9 years 7 months ago
Citation:
No. 13-6005, --- B.R. --- (B.A.P. 8th Cir. Aug. 8, 2013)
Ruling:
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel for the Eighth Circuit (the “BAP”) held that (1) a junior lienholder lacked a cognizable injury...
Judge(s):
Federman, Chief Judge, Saladino and Nail, Bankruptcy Judges.
Tag(s):

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

  • Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
  • 9 years 10 months ago
Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
Judge(s):
Ambro, Jordan, and Vanaskie
Tag(s):

Pillar Capital Holdings, LLC v. Williams (In re Living Hope Southwest Medical Services, LLC)

Citation:
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling:
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Judge(s):
Smith, Beam and Gruender.
Tag(s):

Seaver v. Klein-Swanson (In re Klein-Swanson)

Citation:
8th. Cir BAP (Case No. 12-6054) - March 22, 2013
Ruling:
Reversal of the bankruptcy court's ruling in favor of the Chapter 7 trustee stating that (1) there was no transfer of funds under Section 549 or 550 to the debtor, (2) the trustee failed to show...
Judge(s):
Federman, Schermer and Nail.
Tag(s):

Royal v. First Interstate Bank (In re Trierweiler)

Citation:
10th Cir. B.A.P. (Case No WY-11-111 - District of Wyoming) Entered - December 28, 2012.
Ruling:
AFFIRMING the bankruptcy court's ruling that the mortgage naming MERS, as mortgagee on behalf of First Interstate Bank, was valid when granted and was properly recorded. Further, there was no...
Judge(s):
Thurman, Brown and Somers.
Tag(s):

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

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 4 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):

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