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GOLDMAN SACHS BANK USA, V RHEA ANN BROWN; GREGORY KEVIN MAZE

Summarizing by Timothy Anzenberger

CURTIS V. AMMEC INVESTMENTS, II, ET AL.

Summarizing by Paris Gyparakis

Home » Bankruptcy Process and Procedure » Bankruptcy Litigation

XP CAPITAL, LLC V. ARGONAUT MANUF

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 6 months ago
Citation:
26-60033 (9th Circuit, Sep 16,2024) Not Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court's dismissal of the plaintiff's complaint, though only on the failure to state a claim and not...
Judge(s):
Clifton, Collins, and Lee
Tag(s):

Douglas Kelley v. BMO Harris Bank N.A.

  • Summarized by Jaden Banks , Nyemaster Goode, P.C.
  • 1 year 6 months ago
Citation:
23-2632 (8th Circuit, Sep 12,2024) Published
Case Status:
Reversed and Rendered
Ruling:
Because a bankruptcy trustee steps into the shoes of the debtor rather than shoes of a prepetition receiver, the defense of in pari delicto remains available to a defendant in an adversary...
Judge(s):
COLLOTON, BENTON, and SHEPHERD
Tag(s):

OHI Asset (VA) Martinsville SNF, LLC v. Wagner (In re Wagner)

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 6 months ago
Citation:
No. 22-13642 (11th Circuit, Sep 11,2024) Published
Case Status:
Reversed
Ruling:
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court, held a bankruptcy court correctly rejected a request to bar a debtor's discharge for making a knowing and fraudulent...
Judge(s):
JORDAN, BRASHER, and ABUDU
Tag(s):

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The chapter 7 trustee (i) had Article III standing to bring a fraudulent transfer avoidance action because the trustee represents the bankruptcy estate, not the debtor's creditors; and (ii) did not...
Judge(s):
Carlos T. Bea, David F. Hamilton,* and Morgan Christen, Circuit Judges (*United States Court of Appeals for the Seventh Circuit, sitting by designation)
Tag(s):

THE LOVERING TUBBS TRUST, ET AL V. TIMOTHY W. HOFFMAN

  • Summarized by Michael Myers , Ballard Spahr LLP
  • 1 year 6 months ago
Citation:
23-60005 (9th Circuit, Sep 09,2024) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel (BAP) and bankruptcy court decisions granting summary judgment in favor of the chapter 7 trustee on his 11 USC...
Judge(s):
Bea, Hamilton, and Christen
Tag(s):

MAIN STREET BUSINESS FUNDING, LLC V JOHN P. LANE, JR.

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 1 year 6 months ago
Citation:
No. 23-2430 (3rd Circuit, Sep 05,2024) Not Published
Case Status:
Affirmed
Ruling:
Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
Judge(s):
Ambro, Circuit Judge
Tag(s):

TOWN SPORTS INTERNATIONAL, LLC V RAMON MORENO-CUEVAS

Citation:
24-1020 (3rd Circuit, Aug 21,2024) Not Published
Case Status:
Affirmed
Ruling:
In a per curiam opinion, the U.S. Court of Appeals for the Third Circuit (Circuit) found no error in the decision of the U.S. Bankruptcy Court for the District of Delaware (BC) denying relief from...
Judge(s):
Cheryl Ann Krause; Paul Matey; and Cindy K. Chung
Tag(s):

POSHOW ANN KIRKLAND, ET AL V. JASO

Citation:
No. 22-55944 (9th Circuit, Aug 23,2024) Published
Case Status:
Affirmed
Ruling:
The Circuit Court affirmed the district court’s order affirming a judgment of the bankruptcy court, and remanded for further proceedings, in a fraudulent transfer action in which a jury...
Judge(s):
Richard R. Clifton, Gabriel P. Sanchez, and Edward R. Korman,
Tag(s):

Hallucination Media, LLC v. The Ritz Ybor, LLC, et al

Citation:
24-10194 (11th Circuit, Aug 22,2024) Not Published
Case Status:
Affirmed
Ruling:
In affirming the bankruptcy court's grant of summary judgment in favor of defendants, the Eleventh Circuit held that plaintiff was sufficiently on notice of defendants' defenses and was not...
Judge(s):
Wilson, Branch, and Luck
Tag(s):

Cogan v. Trabucco

  • Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
  • 1 year 6 months ago
Citation:
No. 22-16948 (9th Circuit, Aug 21,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The U.S. Court of Appeals for the Ninth Circuit held a district court erred in dismissing a declaratory judgment action under the Rooker-Feldman doctrine. The appellant--counsel for bankruptcy...
Judge(s):
Smith, Bennett, Collins
Tag(s):

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