Ogle v. Morgan, et al

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):

Mark DeGiacomo v. Sacred Heart Univeristy (In re Palladino)

Citation:
17-1334 (1st Circuit, Nov 12,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Judge(s):
Howard, Torruella, and Lynch
Tag(s):

Burdette v. Emerald Partners, LLC (In re Cascade Ag Services, Inc.)

Citation:
WW-17-1006-BKuF, WW-17-1007-BKuF (Cross-Appeals) (9th Circuit, Nov 02,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirmed the bankruptcy court's ruling that the debtor's transfer of 2/3 of the proceeds from its 2011 blueberry crop was avoidable as a fraudulent transfer and that the intended...
Judge(s):
BRAND, KURTZ, FARIS
Tag(s):

IN RE: WALLDESIGN, INC.

Citation:
15-56220 (9th Circuit, Oct 02,2017) Published
Case Status:
Affirmed
Ruling:
The appellants were deemed initial transferees and strictly liable for the return of the monies fraudulently transferred by the debtor.
Judge(s):
A. Wallace Tashima, Jacqueline H. Nguyen, Algenon L. Marbley
Tag(s):

Meoli v. The Huntington National Bank

Citation:
Nos. 15-2308/2362 (6th Circuit, Feb 08,2017) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
In a lengthy opinion, Sixth Circuit affirmed a district court's determination that a bank was liable as a transferee of direct and indirect loan payments it received after its good faith defense...
Judge(s):
Moore, Rogers and Sentelle (D.C Circuit-sitting by designation)
Tag(s):

Ivey v. First Citizens Bank & Trust Co. (In re Whitley)

Citation:
15-2209 (4th Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
Wire transfers by debtor into his unrestricted checking account were not transfers, as that term is defined in section 101(54), and therefore could not be avoidable transfers under section 548(a). ...
Judge(s):
Gregory, Wynn, Davis
Tag(s):

Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation:
2016 WL 4437606 (6th Cir. 2016)
Ruling:
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s):
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
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):

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Tag(s):

Smith v. SIPI, LLC, et al. (In re Smith)

Citation:
Smith v. SIPI, LLC (In re Smith), No. 1:13-cv-06422 (7th Cir. Jan. 20, 2016)
Ruling:
A tax sale lawfully conducted according to Illinois's interest rate auction system does not necessarily establish a transfer for reasonably equivalent value within the meaning of 11 U.S.C....
Judge(s):
Bauer, Williams, and Hamilton
Tag(s):

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