Reversed and remand to bankruptcy court of summary judgment in favor of plaintiff where there existed genuine issues of material fact in respect to (1) whether the financing arrangement should be...
Judge(s):
Hon. Barry S Schermer, Hon. Arthur B. Federman and Hon. Charles L. Nail
The Eighth Circuit BAP affirmed the appointment of a chapter 11 trustee in the involuntary bankruptcy case of a partnership based on numerous allegations of misconduct and and fraudulent behavior...
Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
14 years 6 months ago
Citation:
In re Longview Aluminum, L.L.C., No. 10-2780 (7th Cir. Sept. 2, 2011).
Ruling:
Because the question of "insider" status is a mixed question of law and fact, the Court of Appeals reviewed the underlying judgment de novo.
If a preference defendant is an "insider" of the...
Judge(s):
Circuit Judges Bauer, Flaum and Williams, with Judge Bauer writing for the Court. Affirming District Judge Der-Yeghiayan, who affirmed Bankruptcy Judge Wedoff of the Northern District of Illinois.
Summarized by Bruce Harwood , US Bankruptcy Court - District of New Hampshire
14 years 6 months ago
Citation:
(No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)
Ruling:
(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...
Dickson v. Countrywide Home Loans (In re Dickson), Case No. 10-5580 (6th Cir. August 26, 2011)
Ruling:
Sixth Circuit affirmed Bankruptcy Appellate Panel and Bankruptcy Court's ruling that Chapter 13 debtor had proper standing and could avoid as a preferential transfer a lien on debtor's mobile home...
Judge(s):
Norris, Gibbons and Griffin (Sixth Circuit); Jospeh M. Scott, Bankruptcy Judge.
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 6 months ago
Citation:
In re Taylor, No. 10-2154 (3d Cir. Aug. 24, 2011)
Ruling:
The United States Court of Appeals for the Third Circuit reverses the District Court with respect to sanctions imposed under Fuentes, Smith and Van Antwerpen
Summarized by Dean Langdon , DelCotto Law Group PLLC
14 years 6 months ago
Citation:
File Name: 11a0606n.06; Sixth Circuit Court of Appeals Case no. 09-1087; Not Recommended for Full-Text Publication
Ruling:
The Sixth Circuit Court of Appeals affirmed the bankruptcy court rulings on the Title Claim, the Woods Claim and the Sanctions Award (all defined below). The Court of Appeals held that the Rankins...
Judge(s):
Opinion by Judge Lesley Wells, District Judge for the Northern District of Ohio, sitting by designation.
A bankruptcy court's approval of a settlement will be upheld unless no reasonable person could agree with the decision to approve the settlement. Deference is given to the court that has overseen...
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
