Reaffirmation agreements, entered into upon assumption that lender held a properly perfected mortgage and vehicle lien (which was later proved to be a false assumption), was unenforceable under...
Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
14 years 5 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
Ninth Circuit: Bankr. Case No. No. 10-60036; BAP No. 09-1343 (not appropriate for publication and not precedent except as provided by 9th Cir. R. 36-3)
Ruling:
BAP’s affirmance of the Bankruptcy Court’s summary judgment dismissal on the merits affirmed. BAP's affirmance of the Bankruptcy Court’s denial of sanctions and contempt affirmed.
This case presented an issue of first impression in the Sixth Circuit about how reasonably equivalent value is calculated when the transfer is a payment of a tax obligation owed to the IRS. ...
Luis A. Soto-Rios and Brenda Tosada-Arbelo v. Banco Popular De Puerto Rico, United States Court of Appeals for the First Circuit, Appeal No. 10-227 (unpublished)
Ruling:
The United States Court of Appeals, First Circuit (J. Howard) ("First Circuit") found that a mortgagee and purported secured creditor held an "interest in property" as that term is used in both 11...
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
14 years 6 months ago
Citation:
Case No. 11-8029 File Name 11b0009n.06
Ruling:
The BAP affirmed the Bankruptcy Court for the Northern District of Ohio Order Denying Motion to Reopen Adversary Proceeding and to Reconsider Court's prior Order that a settlement exsited between...
Following the confirmation of a debtor's plan of reorganization, a group of former investors in the debtor filed suit in federal district court against the administrative agent for certain...
Case No. 11-1616 (3d Cir. Nov. 4, 2011) (Not Precedential)
Ruling:
A debtor who willfully evades a tax is not entitled to the discharge of that debt, as indicated in Bankruptcy Code § 523(a)(1)(C), as such benefit is reserved for the “honest but unfortunate...
Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
14 years 7 months ago
Citation:
Nelson v. Bank of America, N.A., 6:10-cv-00929-MSS-DAB
Ruling:
The Eleventh Circuit affirmed the district court's dismissal of Nelson's verified complaint. The Eleventh Circuit held that nothing express or implied in the United States Treasury's Home...
For purposes of recovering fraudulent transfers (§ 548(a)), all transfers made in furtherance of a Ponzi scheme are presumed to have been made with fraudulent intent. Therefore, it is presumed...
