Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 4 years 4 months ago

Citation:

No. 18-2098 (2nd Circuit, Jul 25,2019) Published

Case Status:

Affirmed

Ruling:

The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...

Judge(s):

Calabresi, Lynch and Lohier, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• § 546
• 11 U.S.C § 549
• 11 U.S.C § 550
• 551

Eisenberg v. Toledo-Lucas County Port Authority (In re BX Acquisitions, Inc.)

• Summarized by Elizabeth Lamphier , U.S. Bankruptcy Court for the Western District of Michigan
• 4 years 7 months ago

Citation:

18-8014 (6th Circuit, Apr 19,2019) Not Published

Case Status:

Affirmed

Ruling:

The Sixth Circuit BAP affirmed the bankruptcy court’s ruling (N.D. Ohio) that payments made to county port authority by debtor were authorized by agreed cash collateral orders and thus binding on...

Judge(s):

Harrison (author), Opperman, Wise

Tag(s):

• 6th Circuit
• Executory Contracts/Leases
• First-day Motions
• 11 U.S.C § 549

Lewis v. Kaelin (In re Cresta Technology Corp.)

• Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
• 5 years 7 months ago

Citation:

NC-17-1186-BSTa (9th Circuit, Apr 06,2018) Published

Case Status:

Affirmed

Ruling:

An ordinary check delivered to the creditor pre-petition, but honored post-petition, was transferred on the date of honor for purposes of § 549(a).

Judge(s):

Brand, Spraker, and Taylor

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• 11 U.S.C § 549
• 11 U.S.C § 550

Spradlin v. Khouri, et al.

• Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
• 6 years 10 months ago

Citation:

15-8031 (6th Circuit, Jan 04,2017) Published

Case Status:

Affirmed

Ruling:

When a postpetition transfer completely divests a debtor’s interest in property, that property is not subject to turnover under § 542, but may still be avoided under § 549. If only possession...

Judge(s):

Delk, Humphrey, Opperman (Humphrey)

Tag(s):

• 6th Circuit
• Fraud
• Fraudulent Transfers
• Consumer Bankruptcy
• 11 U.S.C § 541
• 11 U.S.C § 542
• 11 U.S.C § 549
• 11 U.S.C. § 348

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