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Auslander v. Murray

Summarizing by Timothy McKeon

Kaye v. Blue Bell Creameries, Inc.

Summarizing by David Bury

Reish v. Phoenix Heliparts, Inc. (In re Phoenix Heliparts Inc.)

Citation:
AZ-17-1162-BLKu (9th Circuit, May 07,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court did not have subject matter jurisdiction over a dispute between the liquidating trustee for a bankruptcy estate and a third party which claimed ownership of property formerly...
Judge(s):
BRAND, LAFFERTY and KURTZ, Bankruptcy Judges
Tag(s):

Guthrie v. 11 East 36th, LLC (In re 11 East 36th, LLC)

Citation:
16-1233, --- Fed.Appx. ----, 2016 WL 7323983 (2nd Circuit, Dec 16,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed District Court judgment affirming Bankruptcy Court expunging claim and District Court declining to consider constructive trust argument. Court determined that: a.) creditor lacked...

Judge(s):
DENNIS JACOBS, JOSÉ A. CABRANES, BARRINGTON D. PARKER,
Tag(s):

Sheehan v. Saoud, et al.

Citation:
Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)
Ruling:
Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15. See 526 B.R. 166 (2015).
Judge(s):
Circuit Judges J. Harvie Wilkenson, III and Paul V. Niemeyer, and United States District Judge or the District of South Carolina David C. Norton, sitting by designation. Judge Norton wrote the opinion, in which Judge WIlkinson and Judge Niemeyer joined.
Tag(s):

Flemmer v. Weiner (In re Village Concepts, Inc.)

Citation:
9th Cir. BAP No. EC-15-1186-JuFD (December 4, 2015) (unpublished)
Ruling:
Bankruptcy Trustee failed to carry its burden of proving insolvency of a debtor corporation, or actual fraudulent intent, at the time of alleged fraudulent transfers. The 9th Cir. BAP affirmed the...
Judge(s):
JURY, FARIS, and DUNN, Bankruptcy Judges
Tag(s):

Peet v. Checkett (In re Peet)

Citation:
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

U.S. Bank National Assoc. v. Verizon Comm. Inc.

Citation:
U.S. Court of Appeals, Fifth Circuit Case No. 11-10744- Not yet published
Ruling:
The Fifth Circuit Panel affirmed numerous rulings of the District Court which resulted in a Litigation Trust Trustee losing on all fronts in a substantial federal court lawsuit he had brought...
Judge(s):
King, Haynes and Graves
Tag(s):

Williamson v. Murray (In re Murray)

Citation:
Williamson v. Murray (In re Murray), Case No. KS-13-034; Baer v. Beach (In re Beach), Case No. KS-13-037 (B.A.P. 10th Cir. March 4, 2014) (published)
Ruling:
Chapter 7 trustees’ strong arm rights and powers apply to property of the estate, but do not extend to property specifically exempted by state law and determined to be an integral part of a...
Judge(s):
Thurman, Cornish, Mosier (Cornish)
Tag(s):

In re Equipment Acquisition Resources, Inc.

Citation:
Appeal from US Dist. Ct. ND IL ED, Case No. 11 C 05045
Ruling:
The 7th Circuit was asked to decide whether a Chapter 11 Debtor in Possession could bring an action to recoup its Federal tax payments pursuant to § 544(b)(1). The Court decided it could not, for...
Judge(s):
Before BAUER and FLAUM, Circuit Judges, and VAN BOKKELEN, District Judge
Tag(s):

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