Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
12 years 5 days ago
Citation:
FDIC v. Siegel (In re IndyMac Bancorp, Inc.), No. 12-56218 (9th Cir. Apr. 21, 2014)
Ruling:
The Ninth Circuit affirmed the district and bankruptcy courts' decision determining that over $55 million in tax refunds were property of IndyMac's Bancorp, Inc.’s (the “Debtor”) estate. In...
Judge(s):
Fernandez, N.R. Smith, and Murguia, Circuit Judges
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
12 years 5 months ago
Citation:
No cite yet. Case No. 13-6026
Ruling:
Eighth Circuit Bankruptcy Appellate Panel affirmed decision of the Bankruptcy Court which held that debtor's IRA account of $236,379.23 was exempt. Debtor used funds from a tax-qualified IRA...
The Ninth Circuit Court of Appeals held that the bankruptcy court had neither "arising under" nor "arising in" subject matter jurisdiction. The Ninth Circuit Court of Appeals also held, however,...
No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)
Ruling:
Affirming the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit held that a settlement between the trustee and the Federal Deposit Insurance Corporation...
Seventh Circuit Court of Appeals AFFIRMED the decision of the the Bankruptcy Court holding that the Bankruptcy Court's interpretation of section 506(d) as stated in Dewsnup v. Timm (502 U.S. 410...
Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
12 years 10 months ago
Citation:
Wren Alexander Investments, L.L.C. v. Internal Revenue Service (In re: Wren Alexander Investments, L.L.C.), Case No. 12-50376 (5th Cir. June 4, 2013)
Ruling:
Affirmed lower courts' allowance of the IRS' claim against the debtor based upon a pre-petition lien on real property that the debtor aquired on the eve of bankruptcy from a delinquent third-party...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
12 years 11 months ago
Citation:
Goldenberg v. Deutsche Bank National Trust Co. (Unpublished) (In re Papazov) (BAP 9th Cir May 30, 2013)
Ruling:
The Bankruptcy Court did not abuse its discretion in denying Appellant, Goldenberg Family Trust ("Goldenberg") a Motion to Reopen and a Motion for Injunctive Relief. The Bankruptcy Court denied the...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 11 months ago
Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
The Eleventh Circuit Court of Appeals AFFIRMED the District Court ruling that AFFIRMED the Bankruptcy Court's ruling that the issuance of dividends to a debtor's shareholder to offset tax liability...
Summarized by James Webster , Law Office of James Portman Webster, PLLC
13 years 10 months ago
Citation:
Allen v. US Bank (In re Allen). - B.R. - (9th Cir. B.A.P. June 8, 2012)
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit held USB, the secured creditors chain of possession for loan documents were adequate to establish standing to file a proof of claim.
