Home » 11 U.S.C § 544

In re: JEFFREY KENT GRACY

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 8 years 9 months ago
Citation:
16-3281 (10th Circuit, May 24,2017) Not Published
Case Status:
Affirmed
Ruling:
The Kansas Manufactured Home Act is not the exclusive means for determining when a mobile home is a fixture for purposes of the attachment of a security interest and courts are free to also look at...
Judge(s):
Briscoe, Holmes, Phillips
Tag(s):

Caldwell-Blow v. Wells Fargo Bank, N.A. (In the Matter of Caldwell-Blow)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 10 months ago
Citation:
16-40997 (5th Circuit, Apr 25,2017) Not Published
Case Status:
Affirmed
Ruling:
Despite mortgage lender's initial notice of acceleration in 2007, lender's subsequent actions--including a 2012 lawsuit in state court, 2013 proof of claim in bankruptcy, and ultimate...
Judge(s):
Per curiam (Higginbotham, Prado and Haynes)
Tag(s):

U.S. Small Business Administration v. Bensal

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 11 months ago
Citation:
No. 14-17404 (9th Circuit, Apr 04,2017) Published
Case Status:
Affirmed
Ruling:
9th Circuit affirmed ruling of district court (N.D. Cal.) in favor of US Small Business Administration. SBA sought to avoid fraudulent transfer under Federal Debt Collection Procedures Act by...
Judge(s):
Hawkins, Berzon, Murguia
Tag(s):

Galaz v. Galaz (In re Galaz)

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 8 years 11 months ago
Citation:
15-51194 (5th Circuit, Mar 10,2017) Published
Case Status:
Affirmed
Ruling:
The district court did not err by (1) referring "non-core" fraudulent transfer claims to the bankruptcy court for proposed findings of fact and conclusions of law, and (2) adopting such findings...
Judge(s):
Clement, Smith, Southwick (opinion by Clement)
Tag(s):

Spradlin v. Beads and Steeds Inns, LLC

  • Summarized by Dean Langdon , DelCotto Law Group PLLC
  • 9 years 2 months ago
Citation:
16-5499 (6th Circuit, Jan 03,2017) Not Published
Case Status:
Affirmed
Ruling:

Finding no basis for reverse veil-piercing or substantive consolidation with a non-debtor entity, the Sixth Circuit BAP affirmed the decision of the Bankruptcy Court for the Eastern District of...

Judge(s):
Guy, Boggs and Griffin; Opinion by Griffin
Tag(s):

Rajala v. Gardner

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 6 months ago
Citation:
Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
Ruling:
The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor,...
Judge(s):
Gorsuch, Ebel, Bacharach
Tag(s):

Barney v. Bank of America (In re Gifford)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 9 months ago
Citation:
Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)
Ruling:
The transfer of an interest in a mortgage is merely an assignment from one creditor to another—not a transfer of the debtor’s property or an obligation incurred by the debtor.
Judge(s):
Birscoe, Lucero, Phillips
Tag(s):

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

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 10 years 15 hours 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):

Golden v. Clay Lacy Aviation, Inc. (In re Aletheia Research and Management, Inc.)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 2 months ago
Citation:
In re Aletheia Research and Management, Inc., No. CC-15-1081-KiTaKu (9th Cir. B.A.P. Dec. 10, 2015).
Ruling:
In a constructive-fraudulent-transfer action, the trustee’s bare allegation that the debtor was insolvent when it made the transfers does not demonstrate plausibility under Twombly....
Judge(s):
Ralph B. Kirscher, Laura S. Taylor, and Frank L. Kurtz, Bankruptcy Judges.
Tag(s):

Barney v. Bank of America (In re Gifford)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 7 months ago
Citation:
Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)
Ruling:
Constructive notice of the existence of a lien precludes a trustee’s avoidance of a perfected lien using section 544(a)’s strong arm powers and a debtor who grants a mortgage on her property...
Judge(s):
Cornish, Karlin, Jacobvitz (Karlin)
Tag(s):

Pages

About us in numbers

3925 in the system

3803 Summarized

0 Being Processed