Galaz v. Galaz (In re Galaz)

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

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

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 Unpublished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)

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Barney v. Bank of America (In re Gifford), Case No. 15-8097 (10th Cir. June 3, 2016) (unpublished)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

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.)

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)

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Barney v. Bank of America (In re Gifford), Case No. 14-4001 (10th Cir. BAP July 24, 2015) (unpublished)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):

Pyfer v. American Management Services, Inc. (In re National Pool Construction, Inc.)

Citation:
Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)
Ruling:
Grant of summary judgment in favor of defendant is affirmed. Under New Jersey's Uniform Fraudulent Transfer Act (UFTA), trustee must demonstrate that debtor did not receive "reasonably equivalent...
Judge(s):
Barry (author); Rendell; Fuentes
Tag(s):

Listecki v. Official Committee of Unsecured Creditors

Citation:
Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)
Ruling:
The Religious Freedom Restoration Act (“RFRA”) does not apply to cases where the “government,” as defined in RFRA, is not a party. Also, even where the Free Exercise Clause of the First...
Judge(s):
Flaum, Williams
Tag(s):

LTF Real Estate Co. v. Expert South Tulsa, LLC

Citation:
10th Cir. BAP No. KS-14-009
Ruling:
The BAP first held that the bankruptcy court did not abuse its discretion in granting summary judgment prior to the commencement of discovery, and EST failed to comply with the requirements of Fed....
Judge(s):
Thurman, Chief Judge; Romero and Jacobvitz, Bankruptcy Judges. Opinion by Jacobvitz.
Tag(s):

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