In Re- NRP LEASE HOLDINGS, LLC, et al.,

• Summarized by Kathleen DiSanto , Bush Ross, P.A.
• 3 years 3 weeks ago

Citation:

21-11742 (11th Circuit, Dec 10,2021) Published

Case Status:

Affirmed

Ruling:

Acknowledging that under Florida law, any deviation from a debtor's legal name in a financing statement renders the statement "seriously misleading" unless a search of the Florida Secured...

Judge(s):

Newsom, Lagoa, and Anderson

Tag(s):

• 11th Circuit
• Bankruptcy Litigation
• Professional Practice Areas
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• 11 U.S.C § 544

Douglas A. Kelley v. Gus Boosalis

• Summarized by Lars Fuller , BakerHostetler
• 4 years 3 months ago

Citation:

19-1079 (8th Circuit, Sep 11,2020) Published

Case Status:

Reversed and Remanded

Ruling:

Eighth Circuit reversed rulings of District Court (D. Minn) granting summary judgment on liquidating trustee's fraudulent transfer avoidance actions related to Ponzi Scheme clawback claims....

Judge(s):

Loken, Benton, Kelly

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• Practice and Procedure
• Professional Practice Areas
• Commercial Fraud
• 11 U.S.C § 544

In re Javedanfar

• Summarized by Lars Fuller , BakerHostetler
• 4 years 5 months ago

Citation:

BAP No. CC-19-1265-TaFL (9th Circuit, Jul 08,2020) Not Published

Case Status:

Affirmed

Ruling:

BAP for 9th Cir. affirmed ruling of bankruptcy court (CD Cal.) awarding fraudulent transfer plaintiff-assignee damages, fees, and costs on 11 USC 544, 548, and 550 claims. Bankruptcy court did not...

Judge(s):

Taylor, Faris, Lafferty

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Real Estate
• 11 U.S.C § 544

Slovak v. Loveridge (In re Eurogas)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 18 hours ago

Citation:

17-4197 (10th Circuit, Jan 04,2019) Not Published

Case Status:

Reversed and Remanded

Ruling:

When deciding whether to allow or disallow a trustee to abandon an asset, a bankruptcy court must (1) identify the legal definition of the terms “burdensome” and “inconsequential,” (2) make...

Judge(s):

Bacharach, Ebel, Moritz (Ebel) (Bacharach concurring)

Tag(s):

• 10th Circuit
• Bankruptcy Process and Procedure
• 11 U.S.C § 544

Jennings v. Royal (In re: Jennings)

• Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
• 6 years 3 months ago

Citation:

17-8095 (10th Circuit, Sep 14,2018) Published

Case Status:

Affirmed

Ruling:

Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...

Judge(s):

Eid, Kelly, and O'Brien

Tag(s):

• 10th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C § 522
• 11 U.S.C § 544

Fallon Family, L.P. v. Goodrich Petroleum Corp.

• Summarized by Lars Fuller , BakerHostetler
• 6 years 6 months ago

Citation:

No. 17-20278 (5th Circuit, Jun 27,2018) Published

Case Status:

Affirmed

Ruling:

5th Cir. affirmed ruling of District Court (SD Tx.) and bankruptcy court that creditor could not claim void recorded mineral lease based on default under related promissory note and settlement...

Judge(s):

Davis, Jones, Higginson

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Executory Contracts/Leases
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 544

Harker v. PNC Mortgage Co.

• Summarized by J. Debbeler , Bricker Graydon LLP
• 6 years 11 months ago

Citation:

File Name: 18b0001p.06; No. 17-8005 (6th Circuit, Feb 06,2018) Published

Case Status:

Affirmed

Ruling:

Sixth Circuit Bankruptcy Appellate Panel (BAP) affirmed the decision of the bankruptcy court that: (i) a trustee's avoidance power as a hypothetical lien creditor pursuant to Sec. 544(a)(1) is not...

Judge(s):

Harrison, Opperman and Wise, Bankruptcy Appellate Judges.

Tag(s):

• 6th Circuit
• Bankruptcy Litigation
• Consumer Bankruptcy
• Mortgage
• Real Estate
• 11 U.S.C § 544

Reinbold v. Thorpe (In re Thorpe)

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 11 months ago

Citation:

17-1766 (7th Circuit, Jan 31,2018) Published

Case Status:

Affirmed

Ruling:

Under the Illinois law, each spouse is vested with independent contingent interests in marital property when the divorce petition is filed. When one spouse files bankruptcy, a trustee succeeds only...

Judge(s):

Bauer, Flaum, Sykes (Sykes)

Tag(s):

• 7th Circuit
• Bankruptcy Litigation
• Family/Divorce Issues
• 11 U.S.C § 541
• 11 U.S.C § 544

Philadelphia Entertainment & Development Partners, LP v. Commonwealth of Pennsylvania Department of Revenue

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 6 years 11 months ago

Citation:

No. 17-1954 (3rd Circuit, Jan 11,2018) Published

Case Status:

Reversed and Remanded

Ruling:

In this precedential opinion, the Third Circuit Court of Appeals reversed and remanded the case back to the district court for further proceedings. The Third Circuit found, among other things, that...

Judge(s):

Chagares, Restrepo, and Greenberg, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Venue/Jurisdiction
• 11 U.S.C § 544
• 11 U.S.C § 548

Jennings v. Royal

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 7 years 1 month ago

Citation:

WY-17-002 (10th Circuit, Nov 21,2017) Not Published

Case Status:

Affirmed

Ruling:

A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...

Judge(s):

Nugent, Somers, Mosier (Nugent)

Tag(s):

• 10th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Rule 8002
• 11 U.S.C § 522
• 11 U.S.C § 544

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