Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15.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.
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
8 years 10 months ago
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
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....
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...
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
In re Expert South Tulsa, LLC, 2014 WL 6845675 (10th Cir. BAP December 4, 2014)
Ruling:
Escrow fund established pre-petition to guarantee completion of site improvements on real estate was not included in property of the estate, but bankruptcy court erred in sua sponte dismissal of...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
10 years 4 months ago
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...
Summarized by David Banker , Womble Bond Dickinson
10 years 5 months ago
Citation:
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...
Summarized by Mazyar Hedayat , M. Hedayat & Associates, PC
10 years 11 months ago
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
Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
11 years 2 months ago
Citation:
Docket No. 12-4138
Ruling:
Second Circuit certified the following question of law for the N.Y. Court of Appeals: does New York law treat a dissolved law firm's pending hourly fee matters as its property?
