Home » 11 U.S.C § 550

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

  • Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
  • 8 years 10 months 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):

Frederick J. Grede v. Bank of New York Mellon Corp. and Bank of New York (In re Sentinel Management Group, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 9 years 3 days ago
Citation:
Grede v. Bank of New York Mellon Corp., et al. (In re Sentinal Mgmt. Group, Inc.), Case No. 15-1039 (7th Cir. January 8, 2016).
Ruling:
When a transferee is on “inquiry notice,” it has a duty to make further investigations into the facts surrounding a transfer to it and the failure to make such investigations renders its...
Judge(s):
Posner, Easterbrook, Rovner (Posner)
Tag(s):

Gugino v. Greater Rome Bank (In re Payroll America, Inc.)

Citation:
Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)
Ruling:
Trustee failed to demonstrate a fraudulent transfer where Defendant bank had no dominion over the money transferred from Debtor and was therefore not an initial transferee; bank was not an entity...
Judge(s):
NGUYEN and FRIEDLAND, Circuit Judges and CARNEY District Judge sitting by designation.
Tag(s):

Kaler v. Slominski (In re Keeley and Grabanski Land Partnership)

  • Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
  • 9 years 8 months ago
Citation:
2015 WL 2237147
Ruling:
The bankruptcy court erred in calculating damages and offset under Section 550. The bankruptcy court incorrectly gave defendant an offset for costs of improvements after finding that he did not...
Judge(s):
Federman, Nail, and Shodeen
Tag(s):

Dye v. Sachs (In re Flashcom, Inc.)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 3 months ago
Citation:
9th Cir. BAP No. CC-13-1311-KuDaKi (October 1, 2014)
Ruling:
Bankruptcy courts have equitable authority to modify or vacate compromise stipulations if the factual circumstances warrant the same; however, the bankruptcy court may do so only to the extent no...
Judge(s):
Honorable Kurtz, Davis, and Kirscher
Tag(s):

SB Liquidation Trust v. Preferred Bank (In re Syntax-Brillian Corp.)

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 10 years 5 months ago
Citation:
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling:
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had...
Judge(s):
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Tag(s):

DC Media Capital LLC v. Imagine Fulfillment Services, LLC (In re Imagine Fulfillment Services, LLC)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 5 months ago
Citation:
BAP No. CC-13-1483-TaDki
Ruling:
In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney fees) the judgment...
Judge(s):
Taylor, Dunn, and Kirscher, Bankruptcy Judges
Tag(s):

Stout v. Marshack (In re Stout)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 10 years 8 months ago
Citation:
BAP Nos. CC-13-1045-DKiTa and CC-13-1257-DKiTa
Ruling:
The Ninth Circuit BAP affirmed that Bankruptcy Court’s decision that Delores’ security interest through filing of a UCC-1 financing statement on May 27, 2009 constituted a transfer within 1...
Judge(s):
Honorable Dunn, Kirscher, and Taylor
Tag(s):

Menotte v. US (In re Custom Contractors, LLC)

  • Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
  • 10 years 9 months ago
Citation:
2014 WL 1226852
Ruling:
The Eleventh Circuit held that the Internal Revenue Service was not liable as an "initial transferree" under 11 U.S.C. § 550(a)(1) as to pre-paid taxes that were otherwise avoidable by the...
Judge(s):
Chief Judge Carnes, Judges Wilson and Fay.
Tag(s):

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