No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling:
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
Summarized by Bonnie Clair , U.S. Bankruptcy Court
11 years 8 months ago
Citation:
KDC Foods, Inc. v. Gray, Plant, Mooty, Mooty & Bennett, P.A., No. 13-3678, --- WL --- (7th Cir. Aug. 15, 2014)
Ruling:
The Court held that the causes of action accrued when the debtor should have discovered the facts constituting the fraud and had sufficient information to make it aware of the need to investigate...
Default judgment entered against Debtors/Defendants as a sanction for conduct in prepetition state court litigation was entitled to preclusive effect under the Full Faith and Credit Statute (28...
Summarized by Craig Geno , Law Offices of Geno & Steiskal, PLLC
11 years 8 months ago
Citation:
Flooring Systems, Inc. v. Michelle Chow No. 13-41050
Ruling:
Preference period began when bank received a certified copy of a state court receivership order and turned over funds in an account to a creditor as a result of being served with the order. The...
International Union v. Visteon Corp. (In re Visteon Corp), No. 12-3352, Slip Op. (3d Cir. Aug. 28, 2014)
Ruling:
Order of the bankruptcy court termining pension benefits was final and subject to appeal. Party that failed to appeal the order could not get the benefit of the appellate court's reversal of the...
District court erred by entering summary judgment for defendant bank on debtors' claims for violations of the Texas Debt Collection Act (TDCA) based on the record presented. After the debtors...
Summarized by Lyndel Vargas , Cavazos Hendricks Poirot, PC
11 years 9 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...
Cruz v. Stein Strauss Trust (In re Cruz) 9th Cir. BAP Case No. CC-13-1554-KiTaD (August 29, 2014)
Ruling:
Stein Strauss Trust #1361 (“SS Trust”) was a party-in-interest based on its pecuniary interest; therefore, it was a real party in interest. The Property was not property of the estate, but it...
America's Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) Case No. 12-60052 (9th Cir. CA August 29, 2014)
Ruling:
Judge Huck delivered the Opinion of the majority. Legal fees incurred defending an appeal by a creditor previously determined to have violated the automatic stay are included in § 362(k)(1)'s...
Judge(s):
J. Clifford Wallace and Ronald M. Gould, Circuit Judges, and Paul C. Huck, Senior District Judge (for the U.S. District Court for the Southern District of Florida, sitting by designation)
Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
11 years 9 months ago
Citation:
Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
Ruling:
The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the...
