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Home » 11 U.S.C § 544

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

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 7 years 11 months ago
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Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)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

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 8 years 3 weeks ago
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Listecki v. Official Committee of Unsecured Creditors, Court of Appeals, 7th Circuit 2015 (unpublished)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

  • Summarized by Brandon Bickle , Gable & Gotwals, PC
  • 8 years 1 month ago
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):

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 8 years 2 months ago
Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
Judge(s):
Winter, Wesley and Carney
Tag(s):

State Bank of Toulon v. Covey (In re Duckworth)

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 8 years 4 months ago
Citation:
In Re: David L. Duckworth, State Bank of Toulon v. Charles E. Covey, Ch. 7 Trustee for David L. Duckworth, Case Nos. 14-1561 and 14-1650 (7th Cir. Nov. 21, 2014) (unpublished)
Ruling:
Parol evidence cannot be used against a bankruptcy trustee to reform a security agreement or to correct the mistaken identification of the debt to be secured. The lender cannot obtain reformation...
Judge(s):
Flaum, Rovner, Hamilton
Tag(s):

Stalnaker v. Allison (In re Tri-State Financial, LLC)

  • Summarized by Lars Fuller , BakerHostetler
  • 8 years 5 months ago
Citation:
Stalnaker v. Allison, et al., No. 14-6018, No. 14-6019, 14-6020, 14-6025 (BAP 8th Cir. October 23, 2014)
Ruling:
The 8th Circuit BAP reversed and remanded an order of the U.S. Bankruptcy Court for the District of Nebraska - Omaha, ruling that although (a) the bankruptcy did not exceed its mandate on remand;...
Judge(s):
Kressel, Schermer, and Nail
Tag(s):

Mastro v. Rigby

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 8 years 7 months ago
Citation:
Mastro v. Rigby, Case No. 13-35209 (9th Cir. Aug. 22, 2014)
Ruling:
REVERSED and REMANDED district court's dismissal of appeal under fugitive disentitlement doctrine with instructions to consider merits of appeal from bankruptcy court's judgment of fraudulent...
Judge(s):
Arthur L. Alarcon, A. Wallace Tashmina, and Mary H. Murguia. Opinion by Judge Tashmina.
Tag(s):

Levin v. Miller

  • Summarized by Mark Melickian , Sugar Felsenthal Grais & Helsinger LLP
  • 8 years 7 months ago
Citation:
App. No. No. 12-3474 (7th Circuit Court of Appeals) - August 14, 2014
Ruling:
The Seventh Circuit held that the derivative claims held by the trustee of a bankrupt bank holding company against former managers were assigned by federal law to the FDIC, and upheld the district...
Judge(s):
Wood, Easterbrook, Hamilton (Opinion by Easterbrook; concurrence by Hamilton).
Tag(s):

Geron v. Seyfarth Shaw LLP (In re Thelen LLP)

  • Summarized by David Saponara , Kudman Trachten Aloe LLP
  • 8 years 7 months ago
Citation:
Docket No. 12‐4138‐bk (2d Cir. Aug. 6, 2014)
Ruling:
After receiving the response of the New York Court of Appeals to two certified questions, the Second Circuit affirmed the decision of the United States District Court for the Southern District of...
Judge(s):
Lynch, Chin, and Carney
Tag(s):

Anderson v. Architectural Glass Construction, Inc. (In re Phister)

  • Summarized by Ann Brogan , Davey | Brogan, PC
  • 8 years 11 months ago
Citation:
Case No. 12-2465 (4th Cir. April 17, 2014)
Ruling:
In a published decision, the Fourth Circuit reversed the decision of the District Court of South Carolina which had reversed the bankruptcy court's decision that the debtor's transfer of her...
Judge(s):
Before Circuit Judges Motz, King and Shedd. Judge Motz wrote the majority opinion, in which Judge King joined. Judge Shedd wrote a dissenting opinion.
Tag(s):

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