Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 4 weeks 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
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...
Ninth Circuit Court of Appeals Case No. 13-35903 (July 9, 2015) (Not for Publication)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.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
10 years 10 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...
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...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
11 years 7 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)
In the unpublished decision, the 9th Circuit BAP determined that when the bankruptcy court entered the judgment resolving all remaining issues (with the exception of attorney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...
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...
Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
12 years 1 week 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...
