Home » 548

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Sheehan v. Saoud (4th Cir., 2016) (Unpublished Opinion dated 5/24/2016 No. 15-1338)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Unpublished Opinion AFFIRMING the ruling of the United States District Court for the Northern District of West Virginia (1:11-cv-00163-IMK-JSK) of 01/28/15.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):

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

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 8 years 9 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
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):

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9th Cir. BAP No. EC-15-1186-JuFD (December 4, 2015) (unpublished)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):

Weinman v. Walker (In re Adam Aircraft Industries, Inc.)

Citation:
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
Tag(s):

LTF Real Estate Co v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)

  • Summarized by William Wallo , Bakke Norman, S.C.
  • 10 years 3 weeks ago
Citation:
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...
Judge(s):
Thurman, Romero, Jacobvitz
Tag(s):

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

  • 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...
Judge(s):
King, Haynes and Graves
Tag(s):

Picard v. Fairfield Greenwich; Picard v. Schneiderman

  • 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...
Judge(s):
SACK, CHIN, and DRONEY, Circuit Judges
Tag(s):

In re Equipment Acquisition Resources, Inc.

  • 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
Tag(s):

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