In this preference action by the chapter 7 trustee, the BAP held that perfection of Border State Bank's (the "Bank") lien was within the preference period under Section 547(b) and that the floating...
Summarized by Kevin Gray , Alabama Farmers Cooperative, Inc.
13 years 6 months ago
Citation:
Sundale, LTD. v. Florida Associates Capital Enterprises, LLC, No. 12-11450 (11th Cir. Nov. 29, 2012).
Ruling:
Considering Stern v. Marshall, 131 S. Ct. 2594 (2011), the bankruptcy court had jurisdiction to adjudicate a debtor's state law counterclaims, including a claim for recoupment, in adjudicating the...
Satterfield v. Malloy III, No. 11–5144 (10th Cir. Nov. 28, 2012)
Ruling:
The Barton Doctrine precludes litigation in district court by a debtor against a trustee in bankruptcy when the cause of action arises out of the trustee's official duties unless the movant can...
Summarized by Hale Lake , Hinshaw & Culbertson, LLP
13 years 6 months ago
Citation:
Redondo Constr. Corp. v. Puerto Rico Highway & Transp. Auth. (In re Redondo Constr. Corp.), No. 12-1326 (1st Cir. Nov. 21, 2012)
Ruling:
The First Circuit remanded the matter to the United States District Court for the District of Puerto Rico to vacate a judgment entered by bankruptcy court and affirmed by the district court and for...
In re Kalinowski, 2012 WL 5505078 (B.A.P. 10th Cir. Nov. 14, 2012)
Ruling:
Since Debtor was the de facto manager of an LLC, he stood in a fiduciary relationship to the creditor of that LLC under a New Mexico statute that created a technical trust and Debtor’s...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
13 years 6 months ago
Citation:
Compton v. Anderson (In re MPF Holdings US LLC), No. 11-20478 (5th Cir. Nov. 14, 2012)
Ruling:
Vacating the Bankruptcy Court, the Fifth Circuit held that a reservation of jurisdiction clause of the plan of reorganization was sufficiently specific and unequivocal because the plan stated the...
Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.), No. 11-51141 (5th Cir. 11/8/2012) (unpublished) (per curiam)
Ruling:
An untimely Rule 59(e) motion to alter or amend a district court's judgment affirming a bankruptcy court's dismissal order does not extend the 30-day deadline to file a notice of appeal of the...
Affirming the Bankruptcy Appellate Panel’s reversal of the Bankruptcy Court, the Eighth Circuit held that the Samuel J. Temperato Revocable Trust (“the Trust”) was not entitled to summary...
Judge(s):
Melloy and Benton, Circuit Juges, and Kristine G. Baker, United States District Judge for the Eastern District of Arkansas, sitting by designation.
Shaffer v. U.S. Department of Education (In re Shaffer), Case No. 12-6010 (8th Cir. BAP October 30, 2012)
Ruling:
Debtor met burden of proving by preponderance of evidence that educational loans were discharged on basis of undue hardship. Court employed "totality of circumstances" test (i.e., past present and...
Summarized by Robert Miller , University of South Dakota, Knudson School of Law
13 years 7 months ago
Citation:
Stephenson v. Malloy, Case No. 11-1671 (6th Cir. Oct. 30, 2012)
Ruling:
The Court joined a number of other Circuits in holding that a debtor's alleged wrongdoing cannot be the basis for judicial estoppel of a trustee who is the real party in interest and did not...
Judge(s):
Opinion authored by District Judge Reeves who was joined by Circuit Judges White and Siler.t
