In reversing the decision of the bankruptcy court and concluding that new value need not remain unpaid, the Eleventh Circuit held that the statement in Jet Florida System indicating that new value...
Affirming the district court (N.D. Iowa), (1) deposits that were applied against "true overdrafts," as determined under Iowa law, were avoidable as preferences; whereas deposits that were applied...
Ninth Circuit holds that courts may entertain hypothetical preference actions within Section 547(b)(5)’s hypothetical
liquidation when such an inquiry is factually warranted, supported by...
Judge(s):
A. WALLACE TASHIMA and MILAN D.SMITH, JR., Circuit Judges, and EDWARD R. KORMAN, District Judge, sitting by designation.
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling:
Holdings: United States Court of Appeals for the Second Circuit held that:
1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been...
Judge(s):
JOSÉ A. CABRANES,
SUSAN L. CARNEY,
CHRISTOPHER F. DRONEY,
Summarized by David Baker , Law Office of David G. Baker
10 years 1 month ago
Citation:
Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Ruling:
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further...
Case No. 14-1236 (10th Cir. Ct. App. October 15, 2015).
Ruling:
The Tenth Circuit Court of Appeals affirmed the decision of the Bankruptcy Appellate Panel, which denied the Plaintiffs attempts to recover and avoid certain transfers under 11 U.S.C. 548.
Judge(s):
Tymkovich, Chief Judge and Hartz and Phillips, Circuit Judges
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
11 years 1 month ago
Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
Summarized by Cara Murray , Whiteford Taylor Preston LLP
11 years 2 months ago
Citation:
No. 13-2116 (4th Cir. Dec. 12, 2014)
Ruling:
Affirming that the trustee in bankruptcy may not recover the approximately $28 million transferred by the debtor to the IRS during the 90 days preceding the filing of the bankruptcy petition where...
Guttman v. Construction Program Group (In re Railworks Corp), No. 13-1931 (4th Cir. July 28, 2014)
Ruling:
The court held that the bankruptcy court's grant of summary judgment in favor of Construction Program Group (CPG) was proper, thus reversing the district court. First, the 4th Circuit held that...
Judge(s):
Judge Keenan and Judge Floyd, Circuit Judges, and Judge Max O. Cogburn, Jr., United States District Judge for the Western District of North Carolina, sitting by designation.
Cox v. Momar Inc., No. 13-1721 (8th Cir. April 10, 2014)
Ruling:
The 8th Circuit affirmed the U.S. District Court's (E.D. Arkansas) grant of summary judgment in favor of defendant, finding that ordinary course of business exception barred avoidability of...
