Home » 544

Ogle v. Morgan, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court for the Western District of Virginia
  • 2 years 3 months ago
Citation:
20-10908 (5th Circuit, Oct 07,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Fifth Circuit affirmed dismissal of the constructive fraud claims related to the settlement releases because the Delaware judgment established that reasonably equivalent value was given in...
Judge(s):
Jones and Southwick
Tag(s):

In re Patow

Citation:
BAP No. CC-20-1285-GTL (9th Circuit, Sep 03,2021) Published
Case Status:
Reversed and Remanded
Ruling:
Under California probate law, the execution of a written disclaimer of an interest in a trust by a beneficiary is insufficient to makes the disclaimer a voidable transfer under California's...
Judge(s):
GAN, TAYLOR, and LAFFERTY, Bankruptcy Judges
Tag(s):

In re Christopher Boisaubin

Citation:
19-6040 (8th Circuit, May 14,2020) Published
Case Status:
Affirmed
Ruling:
Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
Judge(s):
SALADINO, NAIL, and SANBERG
Tag(s):

Life Partners Creditors' Trust, et al v. James Sun

  • Summarized by J. Newman , Newman & Newman
  • 5 years 7 months ago
Citation:
No. 17-11477 (5th Circuit, May 31,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
AFFIRM the district court’s judgment of dismissal as to Counts 5, 8, 11, and 12. However, it REVERSED the dismissal of Counts 1–4, 6, 9, and 10 and REMAND
Judge(s):
ELROD, HIGGINSON, and ENGELHARDT, Circuit Judges
Tag(s):

IN RE: CHERNUSHIN

Citation:
18-1068 (10th Circuit, Dec 21,2018) Published
Case Status:
Affirmed
Ruling:
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's...
Judge(s):
BRISCOE, MURPHY, and McHUGH
Tag(s):

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)

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 8 years 3 weeks ago
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.

  • Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
  • 8 years 7 months ago
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.)

  • Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
  • 9 years 1 month ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 9 months ago
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):

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